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OKLAHOMA 
CIVICS AND HISTORY 



BY 



CHARLES EVANS, M. A., 



Formerly Superintendent City Schools, Ardmokk, Oklahoma; President. 
Central State Normal, Edmond, Oklahoma 



CLINTON ORRIN BUNN 



Of The Oklahoma City, Oklahoma Bar 

Compiler "Constitution and Enabling Act of the State of Oklahoma 

Annotated and Indexed;" Oklahoma Civil and Criminal Procedure: 

Editor and Annotator, Revised Statutk of Oklahoma. 1910. 



SECOND EDITION 



OKLAHOMA CITY 
BUNN BROTHERS 

1913 



.El 



Copyright, 1908 

BY 

CLINTON ORRIN BUNN 
Copyright, 1913 

BY 

CLINTON ORRIN BUNN 



DEC 26 1913 
©CI.A858864 



PREFACE TO FIRST EDITION 



This book cannot fail to commend itself to the schools of Okla- 
homa, and the Union. 

FIRST, it is Oklahoman, yet the text will give the student a 
knowledge of state and federal government in general. The con- 
viction that our state constitution is the best in the Union is fast 
becoming settled, and it has been given a prominent place in the 
text, and exhaustively treated. 

SECOND, it is adapted to every factor of the school; the pupil, 
the teacher, and the home. To the pupil it is inductive, outlined, 
clearly indexed, and annotated. In style it is simple, and explana- 
tory. Too often, in building a text, we fail to clothe the skeleton 
of dry fact with the flesh and blood of human interest. We have 
earnestly endeavored to avoid that mistake, and if we have done so 
we have special claim to consideration at the hands of those who 
are seeking to build well for the school child. It follows that to 
the teacher it extends the same virtues afforded to the pupil. To 
the home it pays special .tribute. The family, school, and all 
phases of local government have been deeply stressed, in order 
that boys and girls may have a proper conception of the home, 
and its environment. Further, it should be a valuable addition to 
the family library, for it contains the only authentic, comprehen- 
sive compilation of the state constitution, exhaustively cross- 
indexed. In this connection, let it be understood that the topical 
index preceding each article of the constitution, and the section 
numbers and words immediately following in black-faced type, are 
notes and annotations, and are no part of the original instrument. 

THIRD, it has sought by quotations, illustrations, songs, and 
earnest language, to incite patriotic fervor. It is well to know of 
our government, state and national, but it is infinitely better to 
love, and be proud of them. 

FOURTH, it embraces history never before recorded in a book. 
For an understanding of our state government, children should be 
told of the men who have led, and are leading, this twentieth- 



rt PREFACE 

century s^ute into the ways which make for power, and progress 
This has been done by story, quotation, and narrative. 

FIFTH, it is brief, yet complete, thereby adapting itself to a study 
of four months or a year. A discerning teacher will find it suf- 
ficiently elastic to meet the simple requirements of a class in the 
sixth, seventh or eighth grades, or the broader demands of a class 
in the high school. For example, in the grammar school grades, in 
the study of state government, the class might be confined to the 
introductory chapters on state government, while in the high school, 
in a whole year's work, the pupil might take up the state constitu- 
tion by sections. 

SIXTH, few civics make the text replete and progressive by 
presenting the latest governmental growth of the nation, Our Insular 
Possessions. The importance of this feature will, we hope, be under- 
stood and appreciated by teacher and pupil. 

The main text will give a knowledge of federal and state govern- 
ment generally, but following Chapters III, V, VI, VII, VIII, and IX 
there are stated briefly the provisions of Oklahoma law, relating to 
the subject of the chapter. There will also be found, following each 
article of the complete text of the constitution and enabling act, 
questions relating to the various provisions. These questions will be 
found very useful when the class is studying the chapter on state 
government. 

We acknowledge the courtesy of Collier's in permitting the use of 
the Frontispiece; also of Mr. G. V. Buck, Washington, in permitting 
the use of copyrighted photograph of Senator Gore; also 
of The New England Publishing Company, Boston, for the 
use of their copyrighted poem, "The Schoolhouse Stands By 
The Flag"; also of Messrs. Asher and Jacobus, Enid, Oklahoma, in 
permitting the use of words of copyrighted song, "Oklahoma." ^ We 
also express our gratitude to teachers, superintendents, and friends 
for words of encouragement, and commendation. 

With this brief outline of the scope of the work, we cherish the 
hope that it will lessen the labors of the teacher, and stimulate and 
inspire in the pupil those exalted ideals so essential to civic righteous- 
ness, and good citizenship. 

THE AUTHORS. 



CONTENTS 



CHAPTER PAGE 

Introductory l 

I. Evolution of Society 

II. The Family 12 

III. The School 16 

IV. The Civil District : 29 

V. The Town or Towns hip 32 

VI. Voters and Voting 39 

VII. Party Machinery 45 

VIII. The County 51 

IX. The Village and City 61 

X. The State .• . 67 

XI. Federal and State Sovereignty 109 

XII. The Nation 119 

XIII. The Nation (continued) 124 

XIV. Our Insular Possessions 147 

XV. Diplomatic Service 151 

XVI. The State Land Department 154 

XVII. Court Procedure 156 

XVIII. The Flag 15S 

Part II. Oklahoma History 167 

Appendix 220 



LIST OF ILLUSTRATIONS 



PAGE 

Inauguration of Governor Haskell frontispiece 

State University and A. and M. College Buildings 21 

Municipal and Congressional Townships 37 

General Election Ballot 43 

Sample Primary Election Ballot 49 

Capitol at Washington 121 

The Flag 158 

Two Prominent Americans \ . . 161 

Map of Oklahoma 179 

State House, Guthrie 215 

City Hall, Guthrie 215 



OKLAHOMA CIVIL (IOVEKNMENT 



INTRODUCTORY 

Curriculum, or Course of Study. — The curriculum of 
the schools of any land is what the experiences of a people 
have taught them to secure in early life, in order to escape 
suffering and to acquire success. 

Natural Tendencies. — According to sociologists, there 
are six instincts for good within the human brain, — health, 
wealth, knowledge, sociability, beauty, and righteousness ; 
and education alone can best develop these instincts for the 
ultimate glory and happiness of mankind. It is encouraging 
to note how well, during the centuries, the curricula of the 
schools have twined their tendrils about these natural 
powers. 

Each Study Feeding Certain Instincts. — Xot reading, 
but knowledge, and the great means of obtaining knowledge, 
should we teach. Not spelling or getting words for mere 
time-consuming, but for making a formidable chain of the 
child's language, which makes for social strength. Xot 
arithmetic for pestiferous reasons unknown, but to create 
the sense of estimates, that a child may compute the value 
of a farm and library, and note that wealth puts them both 
together. Grammar for parsing or tripping children by its 
entangling rules, no ; but a study where speech is used and 
loved, because it is a passport to the society of success. 

Civics Merges into Righteousness. — And thus geog- 
raphy becomes knowledge; history becomes righteousness; 
physiology, health; and civil government — what? Undoubt- 

1 



2 OKLAHOMA CIVIL GOVERNMENT 

cdly with history, it forms a compendium of civic righteous- 
ness, as well as contributing liberally to sociability and 
knowledge. 

Teach Civics of Active Men and Deeds.— This gives at 
once a viewpoint toward which all facts should be con- 
stantly led. Machinery of government should be taught — 
that is knowledge — but, by all means, the social influences 
working out the plan of government, and by greater means 
still, bring living, breathing, responsible man to light at 
every turn. 

Spice with Variety. — Is the home discussed? Then link 
emotions with intellect, by introducing great men like Glad- 
stone, Roosevelt, v and Bryan, as home-makers and home- 
lovers. If you care and know how to do it, sing John How- 
ard Payne's "Home Sweet Home/' and if done with tender 
care, more home government would be taught thereby than 
can be estimated. 

Civil Government a Thing of Life. — If the state is the 
theme, ascertain how and why men rule, but at the same 
time be sure you introduce the legislators, the executive and 
judges as vividly as possible. Would it not be excellent 
teaching, if every pupil of civics could be taken to the capi- 
tal and there see some men and things as they are ? This 
may not be done, and yet a fresh newspaper, breathing all 
the life of government of the last few hours, can and should 
be upon the desk of the teacher of civil government every 
morning. 

Teacher Responsible. — Is civics as a study dull? Then 
let us place the blame where it belongs, and never upon the 
pupil or the subject. 

THE TEACHER 

First Requisite. — If it were our privilege to give to a 
teacher the first requisite to teach civil government, after a 
general competency had been proved, we should unhesitat- 
ingly give a nature that leaps and glows when the name of 
home, state, or nation is uttered. 



INTRODUCTORY 

The Other Extreme Avoided. — Patriotism can be sus- 
tained by undemonstrative, formal minds, but it cannot be 
imparted to the young by them. Understand that equally 
as important as irradiation is over-radiation. Too often 
patriotism in some schools is turned by the effervescent 
teacher into "Pat-Riotism," but the idea is — 

"Breathes there the man with soul so dead 
Who never to himself hath said, 
This is my own my native land!" 

Current Events. — To this requisite we would add an- 
other: the habit of keeping informed daily about the 
events of the locality, the county, the state, the nation, 
and the earth on which the teacher lives. There is no 
teaching of living civics done by any other kind of soul. 
1 he atmosphere should fairly blaze with current events, 
bulletin boards, clippings, and portraits of representative 
men and women. 

Special Occasions. — Third requisite; to have the teacher 
link the past with the present, by observing special occasions, 
which the world of feeling and life is observing. The best 
civics lesson that could be taught was taught a whole school 
of five hundred, besides the representatives of many homes 
and the entire community, by stopping the round of routine, 
2nd coming together in one room to pay tribute to the mur- 
dered McKinley. Evils of anarchy, blessings of citizenship, 
reverence for home, state, nation, all, were sent to the center 
of half a thousand hearts ; not by speech-making citizens and 
teachers, but by well-prepared remarks of pupils. 

THE PUPIL 

Keep the pupil active and receptive, by giving him 
things to write, to report, to outline, to debate. 

Have him connect the old with the new, and vice versa. 
Let him connect civil government with his history, geog- 
raphy, and everything. "What can be said of Oklahoma 



4 OKLAHOMA CIVIL GOVERNMENT 

geography and history that does not recall its struggle for 
government? Then why not do that? Have we no time? 
All the time in the world is at the disposal of the person who 
takes it. 

Have him make civics a thing of deeds and men, not facts 
and dates. When a constitution is studied, let us take time, 
by all means, to study the great leaders of men who fash- 
ioned it. 

These suggestions arise, not from theory, but from active 
teaching of civics for several years, and superintendence of 
its teaching for many more. They are said with faith in the 
alert, aggressive American teacher; the active, receptive 
American child ; and in the American nation. 



CHAPTER I 

EVOLUTION OF SOCIETY 

Order is Heaven's first law. — Pope's Essay on Man. 

Society Instinctive. — Those who closely observe animal 
life will discover that some are gregarious, or society-form- 
ing, while others are not. The ant, the gorilla, and man are 
examples of the former, while the butterfly, the bear, and 
tiger exemplify the latter. Man, then, by nature, is a social 
being. He cannot exist apart from his fellows, any more 
than can the branch without the trunk. 

Definition of Society. — Society, then, is interdependent 
Where men come together in any place, district, or nation, 
this mutual relation makes society. Sociarc, 1 the Latin verb, 
means "to meet together/' "to form associations"; and so- 
cietas, from which "society" is derived, means a "union" 
or "communion." Thus we see that the United States 
is a vast society, because it was ordained and established, 
"to form a more perfect union" or communion. 

Society Values. — This social instinct, like all other 
great common impulses, pushes man to greater excellence. 
Each family must have an instructor for its children. Many 
fatmilies grouped together find it convenient and economi- 
cal to place their children in one building, and have an in- 
structor in common. For a time, all the families control 
and support the teacher ; but, in a little while, trouble ensues 
because it is discovered that what is everybody's business is 
nobody's business. The interested parties meet and organize 
in order that certain persons may control certain things 



1 Every time any word not English is used, it is defined. Pupils in 
the seventh year should analyze words. 

5 



G OKLAHOMA CIVIL GOVERNMENT 

about the school. Thus the blessings of organized society 
demand government. 

Rights and Duties. — Our forefathers held that men pos- 
sessed three inalienable or natural rights: "life, liberty and 
the pursuit of happiness." They called attention to these, 
because a selfish nation was trying to destroy some if not all 
of these rights. They had rights, and it was plain duty to 
protect them from injustice. In the face of giant selfishness, 
the colonies banded together in order "to establish jus- 
tice/' This is the first duty of society. 

Functions of Government. — If we have discovered the 
first duty of organized society to be to establish justice, and 
its second to create schools, and such factors of progress, 
and these duties are to be discharged only through govern- 
ment, then we are ready to define government. Government 
is the organization of society to secure these ends: justice 
and progress. Believing this, we see that society without 
government could not exist; anarchy would reign supreme, 
every man a law unto himself, and then would come chaos. 
Man in most primitive states may not have had legislatures, 
governors, and judges, as we have them, but they existed 
in some fashion. Let us remember that "govern" springs 
from the Latin word gitbernare, which means "to steer." 

Government Supreme. — Thus we see that in its very 
nature government arises because of the need of the few to 
regard the needs of the many. It took the ratification of 
only nine colonies to render che government made by thir- 
teen effective. Governmental mandates must be supreme. 
Society has no defense if its government is not obeyed. 

Political Science. — If it were permitted in discussing 
government to classify its principles, and in turn expose its 
virtues and vices, we should develop a political science, or 
a treatise on politics. Politics relates to the principles of 
government. In the abstract, such matters have no place in 
a work of this kind. But a few terms of political science 
are upon our lips every day, and it is our duty here to deter- 
mine their meaning. 



EVOLUTION OF SOCIETY 7 

The State. — A great political writer says that "a state is 
a particular portion of mankind, viewed as an organized 
unit." In America the state has grown out of historical, 
geographical, and educative reasons, — historical, because 
certain migrations brought particular people to particular 
spots; under different religious, political and material in- 
fluences governments were established ; each became an in- 
dependent colony, and after separating from England each 
became an independent state; geographical, because differ- 
ent climatic conditions yield different products, these in turn 
giving rise to corresponding industries, demanding, in the 
end, different laws; educative, because the training of the 
Saxon mind has been toward one general end in govern- 
ment: to keep power in the people's hands. "Decentraliza- 
tion of government," or "back to the people," has been the 
Englishman's political war-cry. He makes the nation, but 
permits it to do nothing which the state can do for 
him. He makes the state, but creates the county, to bring 
the rights and duties of a citizen closer about his hearth- 
stone. 

The Nation. — Perhaps no better term is known to pa- 
triotism than the word "nation." It springs from the Latin 
word nascor, "to be born." Thus a nation is a people having 
a common ancestry, birthplace, language, traditions, cus- 
toms, manners, and civilization. The Jews, though scattered 
through the earth, in this sense are a nation. State and 
nation, in this sense, are in many cases synonymous; for 
England, Austria, and Prussia, as states, each includes a 
number of nations. Common interests seem to be the nuclei 
about which we group the idea of nation at times. The 
American colonies before the Revolution were called a na- 
tion, but never a state; while in this same sense Canada is 
often styled a nation. 

Kinds of Government. — Philosophers of ancient Greece 
divided governments into three classes ; the monarchy, the 
democracy, and the aristocracy. Whatever deductions may 



8 



OKLAHOMA CIVIL GOVERNMENT 



have been drawn from these forms since, they rest to-day as 
the best basis for division of governments. 

Monarchy. — A monarchy is a government whose func- 
tions are chiefly vested in one person. This person is 
named king, queen, emperor, empress, or prince. Mon- 
archies are more numerous than all other governments. 
They are limited or absolute, according to limitations 
placed about the ruler. 

. Limited Monarchy. — In this form of government the 
people have placed about their ruler certain restrictions, as 
in England and Germany. The monarchy is usually limited 
to the extent of the people's intelligence. 

Absolute Monarchy . — In an absolute monarchy there is 
no limit to kingly power. Life, liberty, and property are at 
the command of the czar, shah, or sultan. The last decade 
has shown a beginning of the end of this form of govern- 
ment. 

Hereditary Monarchy. — This is where the sovereign re- 
ceives his right to rule from heirship, usually from his 
father. 

Elective Monarchy. — Roumania, Greece, and certain 
other countries have rulers elected by certain electoral 
princes or monarchs. 

Patriarchy. — This, as the name suggests, is that form 
of monarchy which rests the rule in a father of a family; at 
the head of a tribe. 

Theocracy. — A theocracy is a government finding its 
existence in the commands of a god. The Hebrews of old 
gave the world the truest form of this government. 

Democracy. — A democracy is a government by the peo- 
ple. A pure democracy is a government conducted by the 
people in person. Athens of ancient day, and the New Eng- 
land town meeting of modern day, are examples of this. 

A Republic, or representative democracy, governs itself 
by representatives chosen by the people. The United States 
is a democratic republic. Mexico, France, and Brazil claim 






EVOLUTION OF SOCIETY 9 

to be. This form of government is the product of modern 
times, as the ancients knew nothing of it. Its development 
is largely due to the Saxon or German mind. 

Aristocracy. — This word, which springs from a Greek 
word meaning "best" or "select," is applied to a govern- 
ment where the reins of power are held by a particular few. 
These few usually secure their power by trampling on the 
people's rights. Rome just before the empire, Greece just 
before the Republic, and Venice of the Middle Ages are 
types of this government. The aristocracy governed by a 
certain few was called an oligarchy. However, this term 
became corrupted and was used for the word "aristocracy." 

Mixed Governments. — Some governments combine 
many elements. England, in its ruler, has an hereditary 
king; in its house of lords it has the remnant of an ancient 
aristocracy; while in its commons, its most powerful factor, 
it has a republican body. 

Dual Government. — There are two well-known forms 
of this kind of government: confederate and federal. A 
confederate government arises from laws set forth by 
states in league. It represents these states, and not the peo- 
ple. If supplies are needed, it asks the states for them, and 
each can furnish in its own way, or refuse. A federal gov- 
ernment is the creation of a nation "of the people, by the 
people, and for the people." "We, the people of the United 
States, do ordain and establish this constitution." It acts 
directly upon the people. 

Civil Government. — It can well be asked here, What is 
civil government? "Civil" is derived from the Latin civia, 
meaning "citizen," which is closely related to civitas, mean- 
ing "state." Therefore, civil government, in the best sense, 
is a system of laws resting upon intelligence and moral force. 
It is to be distinguished from military government, or govern- 
ment by the army, and from savage tribes. 



10 OKLAHOMA CIVIL GOVERNMENT 

Constitutions. — Every civil government is based upon a 
constitution. A constitution is the supreme law of the whole 
land. Some are written, as in America, while others rest 
upon precedents, customs, and powers of certain authorities, 
as in England. These are called unwritten constitutions. 
Each has its virtues and likewise its weaknesses. 

Governmental Growth ; Evolution. — Political govern- 
ments are like civilizations; not things of a day, but of 
growth. In brief time, growth is very slow. But, as slow 
as governmental wisdom and justice may be, they imply the 
use of means. Some of these are: universal education, pa- 
triotic interests, newspapers and magazines, agitation of pub- 
lic questions, political parties, and a free ballot. This proc- 
ess is the sure and slow process of evolution, or unfolding, 
but it has never failed to give glorious results. 

Revolution. — "When, in the course of human events, it 
becomes necessary for one people to dissolve the political 
bands which have connected them with another," if they are 
not able to do it by petition and remonstrance they must 
resort to arms. Thus our first fathers said and did, and so 
says all history. It is a violent means to better conditions, 
and is never excusable save whenever all peaceable and just 
means have been employed without avail. 

Suggestive Questions 

1. Where does society have its origin? 

2. Define society, and show how the United States is a society. 

3. How is it shown that the blessings of society demand government? 

4. What are some inalienable rights, and why so called ? 

5. What are the two great functions of government? 

6. Why must all government be supreme? 

7. What is "politics/' and why not discussed here? 

8. Define a state, and show some reasons for so many in the land. 

9. Distinguish between a state and a nation. 

10. What are the great kinds of government? State worth of each. 

11. Why ire there so many monarchies? Name five of the greatest 

12. Why is Russia an absolute monarchy and England a limited mon- 

archy? 

13. Why was the patriarchy adapted to the Hebrew people in Abra- 
ham's time? 



EVOLUTION OF SOCIETY 11 

14. What is an aristocracy, and what traces of that in our country? 

15. What are some mixed forms of government used by certain na- 

tions, and how came these? 

16. What are confederacies and federal unions? Give examples. 

17. What is "civil government?" 

18. What is a constitution? Name some kinds. 

19. Tell how governments grow. 

20. What is a revolution? 



CHAPTER II 

THE FAMILY 

But where to find that happiest spot below 
Who can direct, when all pretend to know? 
The shudd'ring tenant of the frigid zone 
Boldly proclaims that happiest spot his own; 
Extols the treasures of his stormy seas, 
And his long nights of revelry and ease: 
The naked negro panting at the line 
Boasts of his golden sands and palmy wine, 
Basks in the glare, or stems the tepid wave, 
And thanks his gods for all the good they gave 
Such is the patriot's boast, where'er we roam, 
His first, best country, ever is at home. 
And yet, perhaps, if countries we compare, 
And estimate the blessings which they share, 
Though patriots flatter, still shall wisdom find 
An equal portion dealt to all mankind; 
As different good, by art or nature given, 
To different nations makes their blessings even. 

Goldsmith's "Traveller." 

THE DEAREST SPOT ON EARTH 

The dearest spot on earth to me 

Is home, sweet home! 
The fairy land I've long'd to see 

Is home, sweet home! 
There how charm' d the sense of hearing, 
There where hearts are so endearing, 
All the world is not so cheering 

As home, sweet home! 

Chorus 
The dearest spot on earth to me 

Is home, sweet home! 
The fairy land I've long'd to see 

Is home, sweet home! 

I've taught my heart the way to prize 

My home, sweet home; 
I've learn'd to look with lover's eyes 

On home, sweet home. 
12 



THE FAMILY 13 

There where vows are truly plighted, 
There where hearts are so united, 
All the world beside I've slighted 
For home, 3weet home. 

IV. T. Wright on. 

Family the Basis. — The family is the oldest govern- 
ment of man. Nature has made this so through the law of 
self-preservation. True, the way has been long, from the 
caveman, with his savage instincts, rude home, and wild af- 
fection for mate and offspring, to the modern gentleman, 
with his education, his refined home, and true love for wife 
and child. But the same elements ever appear. 

The Father. — There is the father, whose position has 
been to defend from all trespass and wrong; to support 
with raiment, food, and shelter; to give to the child all the 
training that may be needed to develop it into a being 
stronger than himself. To this end, the primitive nature of 
man shapes all things. 

The Mother. — The mother, whose mission has been to 
nurse, to instruct, and supply all those elements of love and 
self-sacrifice, appears and makes the home the one spot on 
earth. 

The Child. — But the center of the home, and the reason 
for its existence, is the child. The plan, the toil and hope 
of the father ; the love, the nourishment and self-sacrifice of 
the mother, — all find their force in the child. Out of these 
happy conditions nature demands, at all times, one flower to 
grow, and that, love and gratitude of children for father and 
mother. 

Children's Love of Father. — If the duty of the father is 
to defend, to support, it is his right to receive respect for 
his life, obedience to his commands, and other assistance 
from his child. Let it be understood that every son and 
daughter owes to a good father a debt of love and gratitude 
that a lifetime is too short to repay. If it be the duty of the 
father to educate, certainly a deeper, corresponding duty 
rests upon the child to take the education offered. What woe 



14 OKLAHOMA CIVIL GOVERNMENT 

and misery attend children who thoughtlessly turn away 
from parents offering them an education ! 

Children's Devotion to Mother. — If it be the privilege of 
a mother to sacrifice for the child, what child would deny 
her the right of respect, love, and full obedience? If it is the 
duty of the mother to nourish a child in its dependence, then 
it is the child's imperative duty to be her staff in her de- 
clining strength. 

Importance of Home. — Of all the factors which go to 
make a nation, the home is the greatest by far. If we have 
homes of sober, industrious fathers, building with firm 
hands and loving hearts their children's characters, and we 
place about these the grace of earnest, religious mother- 
hood, we shall have a country equal to every trial. 

Grady's View. — Here is a picture of the true home of 
America by that master patriot, Henry W. Grady. Read 
and preserve: 

"A few Sundays ago I stood on a hill in Washington. My heart 
thrilled as I looked on the towering marble of my country's capitol, 
and a mist gathered in my eyes as, standing there, I thought of its 
tremendous significance and the powers there assembled, and the re- 
sponsibilities there centered, — its presidents, its congress, its courts, 
its gathered treasure, its army, its navy, and its 60,000,000 of citizens. 
It seemed to me the best and mightiest sight that the sun could find in 
its wheeling course, — this majestic home of a republic that has taught 
the world its best lessons of liberty; and I felt that if wisdom, and 
justice, and honor abided therein, the world would stand indebted to 
this temple on which my eyes rested, and in which the ark of my 
covenant was lodged for its final uplifting and regeneration. 

"A few days later I visited a country home. A modest, quiet 
house sheltered by great trees and set in a circle of field and meadow, 
gracious with the promise of harvest, — barns and cribs well filled, and 
the old smoke-house odorous with treasure; the fragrance of pink and 
hollyhock mingling with the aroma of garden and orchard, and 
resonant with the hum of bees and poultry's busy clucking; inside the 
house, thrift, comfort, and that cleanliness that is next to godliness, — 
the restful beds, the open fireplace, the books and papers, and the old 
clock that had held its steadfast pace amid the frolic of weddings, that 
had welcomed in steady measure the new-born babes of the family, 
and kept company with the watchers of the sick-bed, and had ticked 
the solemn requiem of the dead; and the well-worn Bible that, 
thumbed by fingers long since stilled, and blurred with tears of eyes 
long since closed, held the simple annals of the family, and the heart 



THE FAMILY 15 

and the conscience of the home. Outside stood the master, strong 
and wholesome and upright; wearing no man's collar; with no mort- 
gage on his roof and no lien on his ripening harvest; pitching his 
crops in his own wisdom, and selling them in his own time in his 
chosen market; master of his lands and master of himself. Near by 
stood his aged father, happy in the heart and home of his son. And 
as they started to the house the old man's hands rested on the young 
man's shoulder, touching it with the knighthood of the fourth com- 
mandment, and laying there the unspeakable blessing of an honored 
and grateful father. As they drew near tnc door the old mother ap- 
peared; the sunset falling on her face, softening its wrinkles and 
its tenderness, lighting up her patient eyes, and the rich music of her 
heart trembling on her lips, as, in simple phrase, she welcomed her 
husband and son to their home. Beyond was the good wife, true of 
touch and tender, happy amid her household cares, clean of heart and 
conscience, the helpmate and the buckler of her husband. And the 
children, strong and sturdy, trooping down the lane with the lowing 
herd, or weary of simple sport, seeking, as truant birds do, the quiet 
of the old home nest. And I saw the night descend on that home, 
falling gently as from the wings of the unseen dove. And the stars 
swarmed in the bending skies, the trees thrilled with the cricket's 
cry, the restless bird called from the neighboring wood, and the 
father, a simple man of God, gathering the family about him, read 
from the Bible the old, old story of love and faith, and then went 
down in prayer, the baby hidden amid the folds of its mother's dress, 
and closed the record of that simple day by calling down the bene- 
diction of God on the family and the home ! 

"And as I gazed, the memory of the great capitol faded from my 
brain. Forgotten its treasure and its splendor. And I said, Surely 
here — here in the homes of the people is lodged the ark of the cove- 
nant of my country. Here is its majesty and its strength. Here the 
beginning of its power and the end of its responsibility.' The homes 
of the people : let us keep them pure and independent, and all will be 
well with the republic !" 

Suggestive Questions 

1. What are some mutual duties of father, mother, and children? 

2. How may a child show a parent gratitude? 

3. What is the duty of the child to parents in poverty and old age? 

4. Outline the family. 

5. What do the great religions teach about respect for parents? 



Question for Debate 

Resolved, That elderly persons are more respectful of children than 
children are of their elders. 



CHAPTER III 

THE SCHOOL 

THE SCHOOL-HOUSE STANDS BY THE FLAG 

Ye who love the republic remember the claim' 
Ye owe to her fortunes, ye owe to her name, 
To her years of prosperity, past and in store, 
A hundred behind you, a thousand before. 

'Tis the school-house that stands for the flag, 
Let the nation stand by the school; 
'Tis the school-bell that rings for our liberty old, 
'Tis the school-boy whose ballot shall rule. 

The blue arch above us is Liberty's dome; 
The green fields beneath us Equality's home; 
But the school-room to-day is humanity's friend, 
Let the people the flag and the school-house defend. 
'Tis the school-house that stands for the flag, 
Let the nation stand by the school ; 
'Tis the school-bell that rings for our liberty old, 
'Tis the school-boy whose ballot shall rule. 

Hezekiah Butterworth. 

Governments Met. — The American child, in taking his 
way into complete citizenship, meets these governments: the 
home, the school, the district, the county, the state, and the 
nation. If he lives in a town or city, he must add it to the list. 

School Defined. — At about the age of six the child is 
sent to the school-room, and upon entering, begins life 
under school government. A school is an institution created 
by man for systematic self-improvement. It is as old as 
history ; for that "control should be intelligent" is older than 
Plato and is denied by no people. 

Three Kinds. — There are many kinds of schools; but, 
taking their name from their management, the private, the 
parochial, and public schools are the most prominent. A 
private school is one under the control of one or several in- 
dividuals, whose personal support gives it existence and 

16 



THE SCHOOL 17 

direction. Many fine academies and colleges are of this 
class. The parochial school, as its name implies, is ruled by 
some church. Many of the great institutions of the land 
come under this class. 

The Public School a State Institution. — But the public 
school, with which our country has most to do, is, as sug- 
gested by its name, a school created and controlled by the 
people. In this country, the state has always supported and 
maintained the public schools. The United States, as a 
government, has never taken the public-school business 
upon its hands. It has made some large and generous grants 
to state colleges and other institutions of higher learning, 
for public purposes; but it has not gone further than that. 

The Need of Public Schools. — Public education is in- 
sisted upon because it is the foundation of the common- 
wealth. Over a thousand years ago Charlemagne required 
that the children of all persons taking part in the government 
should be educated, in order that intelligence might rule the 
empire. That belief prevails to-day in every American state. 

The School District. — A school district is a defined por- 
tion of a town, city, or county, laid off for school purposes. 
It is the unit of educational work. Within it a school is 
maintained, partly by funds from the state, county, or dis- 
trict. The state demands of every citizen assistance in giv- 
ing its children means of acquiring a plain English educa- 
tion, and, in turn, makes an effort to so district the county 
as to place a school within reach of every child. 

The Basis for District Making, Past and Present. — The 
old-time cry was, "Take your school building to the child/" 
This made the school district in town and city of convenient 
size, perhaps. In the country it often stretched the district 
many miles, and then, not embracing sufficient property, 
the children came to barren rooms and poor teachers. The 
late cry of progress is, "Take the children to the school"; 
therefore, several of the ''pauper" districts have been thrown 
together, and, with increased taxes, a modern building is 
erected, presided over by well-trained teachers, good equip- 



18 OKLAHOMA CIVIL GOVERNMENT 

ment is had, enthusiasm grows out of numbers, and hie 
everywhere abounds. 

School Officers. — The officers of a public school are the 
trustees, or directors, and teacher, and, back of these, the 
county superintendent, state superintendent, the board of 
education, etc. 

School Trustees. — The trustees, or directors, as they 
are often called, are most often elected by the qualified voters 
of the school district, but sometimes are appointed by the 
county superintendent. In many states there are three 
chosen for the rural school, while the cities have a larger 
board. Their terms of office vary in the several states. 
Some states have the "county unit" system, where the town- 
ship furnishes the candidate for director, but the whole 
county elects. 

Trustees' Duties. — The duties of trustees, or directors, 
are to fix school boundaries ; to make such rules and regula- 
tions as they may think best; to elect the teacher, and regu- 
late his salary; to define the course of study, if it be not 
fixed; to maintain the school property; to visit the school; 
to purchase equipment; to hold school elections; to take the 
school census, and similar duties. 

The Teacher. — The teacher is the most important of- 
ficial of the school system, because the old maxim, "As is the 
teacher, so is the school," marks her place precisely. After 
the teacher enters the school-room, almost all authority is 
given her. In loco parentis, "in place of the parent," ex- 
presses the force and dignity with which her station is 
clothed. And it is a great tribute to the common sense of 
the American people in choosing teachers, as it is to the 
teachers themselves, to know that only in the rarest instances 
is this authority of the teacher abused. 

Legal Duties of a Teacher. — One of the duties of a 
teacher is to furnish a legal certificate of knowledge in cer- 
tain school branches. She must make a contract with the 
board of directors ; she must submit to legal restrictions of 
school work as to length of day and nature of curriculum 



THE SCHOOL 19 

she must keep a register, and make a monthly report of her 
work; she must maintain discipline and give competent in- 
struction. In Oklahoma, and many progressive states of 
every section, the standard of teaching is high, embracing, 
for first-class certificates, reading, writing, spelling, gram- 
mar, arithmetic, geography, history, civics, physiology com- 
position, agriculture, physics, and book-keeping. 

The worthy teachers of this country — and there are not 
many others — do not pause at these posts of duty, but go 
on. taking the children into fields of happy toil, where real 
character is found. They read, they think, and sacrifice — if 
it may be called that — to give their pupils better than they 
were given. 

The Pupil. — If the teacher has duties and rights of su- 
preme kind in the school, what should be said of those of 
the pupils, for whom the school is made? 

Pupil's Duties. — The law makes it necessary that the 
pupil shall obey the teacher, and be responsible for all actions 
in passing to and from school. The most progressive states 
are taking the position that the state may not only educate, 
but that it must educate. Therefore, in order to have the 
pupil in school, compulsory attendance is enforced. The 
people of the new state of Oklahoma believe in education to 
that extent, and they sent men to the constitutional assembly, 
who wrote this into their constitution. It will be a tribute 
to Oklahoma as long as history is read. 

Rich Legacy to Oklahoma Children. — If these restric- 
tions have been placed about the children of Oklahoma, it is 
only after their interests have been protected. Millions of 
acres of public domain have been set aside for their educa- 
tion ; the most progressive features of modern education 
have been encouraged and supported ; foremost among these, 
the right and necessity of local taxation for support of 
schools, and the consolidated district school. These rights 
and privileges have been given by Oklahoma's lawmakers, 
and in time this state is sure to lead others in education. 



20 OKLAHOMA CIVIL GOVERNMENT 

Moral Obligations of Patrons. — The home must support 
the school by taxing itself for building school-houses, hiring 
teachers, and purchasing aids. But this is not all. The parents 
have moral obligations greater than any of material sort. 
School-rooms may be never so well equipped, and teachers 
therein never so competent, yet they avail little if parents 
do not exercise the greatest care to prevent weakening 
school habits in their sons and daughters. Some of these 
are, excuses for absenteeism, tardiness, disobedience, and 
lack of respect for teacher. When these things occur, some 
parent has been careless in duty. 

The County Superintendent. — Most states have a county 
superintendent, whose duty is to supervise all public 
schools of the county. The demand is usually made that 
one holding this position must have a certain teaching ex- 
perience, pass a required examination, or hold a diploma 
from some good normal school, college, or university. The 
superintendent is elected by the voters of the county, and in 
many states a woman is chosen to hold this office. In Ken- 
tucky, Minnesota, and Oklahoma a large percentage of 
county superintendents are women. 

Women in Education. — This is a tribute to the general 

interest women have always taken in education, and the 
power and aptitude they have displayed in the school-room. 
In Colorado, Kansas, Oklahoma, and other states, school 
suffrage is granted women, and it is gratifying to note that, 
wherever exercised, it has resulted in improving the schools. 

Duties of County Superintendent. — The county super- 
intendent visits the schools, advises as to methods and course 
of study, decides school boundaries, condemns school build- 
ings, receives school money from the state and pays it out, 
holds examinations for county teachers, keeps all records 
of certificates, school taught, money spent, etc., and 
makes reports to the people and state superintendent of 
public instruction. 




Science Hall, State University 




Buildings at the A. and M. College 



21 



22 OKLAHOMA CIVIL GOVERNMENT 

True County Superintendent. — The work of the county 

superintendent is to build. He should be not merely an ad- 
viser or office-keeper, but a leader of educational thought, an 
inspirer of the teacher, a user of a pen, and a person of great 
honor, — one whose educational cry is, "Nothing too good 
for the children of the people.'' 

The Educational Head. — At the head of the public edu- 
cation in the state, and in these active times a good influence 
in the life of every school, is the superintendent of public 
instruction of the state. He is one of the governor's cabinet, 
elected by the voters of the state, though in some states he 
is appointed. His length of term is the same as that of 
other state officers, and his duties are many. 

Some Duties of State Superintendent. — He is the guar- 
dian of the state schools. He advises the state legislature 
about needed school legislation. He is ex officio chairman 
of the state board of education and state board of examiners. 
He gives advice to school boards, county superintendents, 
and teachers throughout the state; and decides many ques- 
tions, involving a construction of school laws and methods. 

What He Should Be and Is. — He should be, and with 
few exceptions is, a man of established name as a leader, an 
educator, and a godly man. The power and influence of the 
state superintendents in America is a splendid illustration of 
the advancement of civilization. 

Details not Here. — There is no chance here to develop 
details of the state school system. The cities in themselves 
have systems of public schools that cost the people thou- 
sands of dollars. Then there are, at the command of the 
teachers, state normal schools, built and kept by the state 
for the chief purpose of training teachers for life-work in 
school-rooms. Oklahoma has six, with grounds and equip- 
ment, worth one and one-half million dollars. 

The State University. — At the head of the public school 
system of the state stands the state university, with its de- 



THE SCHOOL V 

partments of liberal arts, science, electrical and mechanical 
engineering-, medicine, law, etc. Tuition is free, and living 
is made cheap for every pupil of the state deserving to 
enter. Every boy and girl should cling to the hope of en- 
tering and completing a university course. 

Further Duties of County Superintendent in Oklahoma; Quar- 
terly Report. — The county superintendent is required to make a 
quarterly report relative to the schools of his county, which report 
shall be made to the state superintendent on the last Monday in 
March, June, September, and December in each year. 

Apportionment cf School Fund. — The county superintendent shall 
obtain from the county clerk, ten days before the time for holding the 
annual school meeting, a statement of the assessed valuation of the 
property in each school district in his county, and immediately certify 
the same to the several school district clerks, for the information of 
the annual school meeting. The superintendent of each county appor- 
tions the funds among the several school districts. 

The county superintendent is required to purchase and furnish each 
school district with records. He shall see that all annual reports of 
school district clerks are made. He shall divide his county into suit- 
able school districts, and hold a public meeting in each school district 
at least once a year. 

Annual Report. — On or before the 15th of October each year, the 
county superintendent shall make a report to the state superintendent, 
which report shall give full and complete information relating to 
schools in his county. 

Vacancies. — If any vacancy occurs in the office of school director, 
the county superintendent shall appoint some person to fill such 
vacancy. If a vacancy occurs in the office of superintendent, the 
board of county commissioners shall appoint a person to fill such 
vacancy. 

Annual School Meeting. — An annual school meeting shall be held 
in each distrct, except in cities of the first class, upon the first Tues- 
day in June, at the school-house, at two p. If. Special meetings may be 
called. Notice of district meeting shall be given by the school district 
clerk by posting written not ; ces at five public places in the district. 
At these meetings all qualified electors, and female persons over the 
age of twenty-one years, are entitled to vote. If there is doubt about 
the right of a person to vote, he or she mav be "challenged;" that is, 
some one may protest, and the person challenged shall then be sworn 
bv the chairman. The powers of a school meeting are as follows : 1. 
To appoint a chairman in the absence of the direc f ^r: 2. To ad- 
journ from time to time; 3. To choose a director, clerk, and treas- 
urer, who shall possess the qualifications of voters; 4. To select by 
vote a site for the district school-house, which sha 1 ! not be over one- 
half mile from the center of the district; 5. To vote annually a tax 



24 OKLAHOMA CIVIL GOVERNMENT 

on all taxable property in the district, and distribute the amount as 
the meeting shall deem proper in payment of teachers' wages and for 
other expenses; 6. To provide for the sale of school property, and 
give directions for the conduct of any lawsuits. The length of the 
school term is determined at this meeting. 

Board of County Examiners; Teachers* Certificates. — There is a 
board of county examiners, composed of the county superintendent, 
who shall be chairman, and two competent teachers. The latter are 
paid three dollars per day, not to exceed three days in any three 
months. This board meets on the last Friday and Saturday of January, 
October, April, and at the close of the county normal institute. The 
board examines persons touching their qualifications to teach school, 
and issues certificates for three grades; namely, first, second, and 
third; which certificates shall continue in force respectively three 
years, two years, and one year. For a first-grade certificate, a person 
must be qualified to teach orthography, reading, writing, English 
grammar composition, geography, arithmetic, United States history, 
book-keeping, physiology and hygiene, the theory and practice of 
teaching, civil government, elements of natural philosophy. This cer- 
tificate can only be issued to a person over the age of twenty years, 
who has taught successfully at least twelve months; provided, the 
general average shall not be less than ninety per cent, nor less than 
seventy per cent in any branch. For a second-grade certificate, a 
person must be not less than eighteen years of age, and qualified in 
all the above branches except book-keeping and the elements of nat- 
ural philosophy, and must have taught successfully at least three 
months; provided, the general average shall not be less than eighty 
per cent, nor less than sixty per cent in any branch. For a third- 
grade certificate, a person must be not less than sixteen years of age, 
and qualified in all the branches necessary for a second-grade cer- 
tificate, except civil government. A general average of seventy per 
cent is required, and the applicant must pot fall below fifty per cent 
in any branch, and no third-grade certificate shall be issued more 
than twice to the same person. 

In addition to the foregoing, all teachers must pass an examina- 
tion upon the following subjects: Elementary principles of agricul- 
ture, animal husbandry, stock-feeding, forestry, music, building com- 
mon roads, and domestic science, including the principles of me- 
chanics. 

Candidates for graduation from the eighth grade in the common 
schools must receive instruction and be able to pass an examination 
in the following subjects, in addition to those last named: U. S. 
history, including Oklahoma history, physiology, and civics, including 
Oklahoma constitution. 

Moral and Humane Education. — The law of Oklahoma requires 
that morality in the broadest meaning of the word be taught, for the 
purpose of elevating and refining the character of school children up 
to the highest plane of life. That not less than one-half hour each 
week be used for the purpose of teaching school children kindness to 
dumb animals and birds. Experiments upon any living creature are 



THE SCHOOL 25 

prohibited. No teacher shall be paid any compensation unless these 
provisions are complied with. 

School District Board. — The school district board consists of a 
director, clerk, and treasurer. At the annual election in 1908, in all 
new districts, there shall be elected a director, who shall hold office 
three years; a clerk, who shall hold office two years; and a treasurer, 
who shall hold office one year. Thereafter, one member shall be 
elected each year, and he shall hold his office three years. The clerk 
of the district keeps minutes of the proceedings and draws orders on 
the treasurer for money, and makes a full report to the county super- 
intendent. The treasurer pays orders and warrants drawn upon him. 
The school board holds a meeting at least five days prior to the 
annual meeting, and prepares a report to the county superintendent. 
This report gives the number of children between the ages of six and 
twenty-one, the number attending school, the length of the school 
term, the amount of money received and paid out, the kind of books 
used. 

District Schools. — The law formerly provided for teaching orthog- 
raphy, reading, writing, English grammar, geography, and arith- 
metic, and such other branches as might be determined by the district 
board. This matter however, is now regulated by the board of educa- 
tion under the uniform text-book law. Schools shall be held not less 
than three months between the first of October and the first of June 
in each year. A school month consists of four weeks five days each, 
of six hours per day. In case there is not enough money to conduct 
the school, each scholar may be assessed a tuition fee. A majority of 
the voters in any two or more districts may combine their districts 
and become one district, for the purpose of having a graded school, 
in which instruction shall be given in the higher branches of edu- 
cation. 

School in Cities of the First Class. — Each city of the first class 
constitutes a school district. Territory outside of a city or town may 
be attached to them upon application of a majority of the electors of 
the locality. The school board of each city is called a board of edu- 
cation. It consists of two members from each ward, elected by the 
qualified voters of the ward at the time the city election is held. A 
separate ballot is provided. The board elects its own officers, except 
treasurer. It organizes at the regular meeting in May each year, by 
electing a president, vice-president, and clerk. Each member takes an 
oath of office. The president and vice-president hold office one year; 
the clerk, during the pleasure of the board. The board also elects a 
superintendent, who holds office during the pleasure of the board. 
The board appoints two competent persons, who, with the superin- 
tendent, constitute the examining board for the city. On or before 
the 15th of June, each year, the board levies a tax for the ensuing 
year, which is certified to the county clerk and collected as other 
county taxes. Regular meetings are held the first Monday of each 
month. 



26 OKLAHOMA CIVIL GOVERNMENT 

Normal Institutes; Farmers' Short Course. — These are held 
annually in each county, for a term of not less than two weeks. 
Sparsely settled counties, however, may unite in holding one institute. 
There shall also be held by each branch agricultural school a farmers' 
short course, at which instruction may be had in agriculture, domestic 
economy, canning, preserving, and cooking. 

Agricultural and Industrial Education. — This was provided for 
by the first legislature, which created the State Commission of Agri- 
cultural and Industrial Education, consisting of the state superin- 
tendent, who is chairman, president of the state board of agriculture, 
and president of the agricultural and mechanical college. The ele- 
mentary principles of agriculture, horticulture, animal husbandry, 
stock-feeding, forestry, building common roads, and domestic science, 
including the elements of economics, are required to be taught in all 
public schools. 

Compulsory Education.— The constitution of the state (Sec. 311) 
provides for compulsory education, and the law requires all children 
between the ages of eight and sixteen years to attend some public or 
private school for a term of from three to six months in each year, in 
the discretion of the school board. If a parent is too poor to buy 
books, they will be furnished free. If a widowed mother shall make 
affidavit that her child under sixteen years of age is necessary to her 
support, such child shall be sent to school, and after investigation, the 
child shall be paid by the county the amount of wages he would 
earn if workinpv 

State Board of Education. — This board consists of seven mem- 
bers, six of whom are appointed by the governor. Term of office is 
six years. The state superintendent is a member of the board, and 
is its president. The board acts as a board of regents and control of 
all state educational institutions and has general supervision and con- 
trol of all educational matters, including adoption of school books. It 
has more power than any other state board. 

HIGHER EDUCATIONAL AND STATE INSTITUTIONS 

The State University is governed by the state board of educa- 
tion. The State University is located at Norman. 

The Agricultural and Mechanical College is located at Stillwater. 
It is governed by a board of regents, consisting of eleven members. 
District agricultural schools are under the control of the State Com- 
mission of Agricultural and Mechanical Education, consisting of the 
state superintendent, the president of the board of agriculture, and 
president of the agricultural and mechanical college. Each school is 
provided with eighty acres of land, to be used for experimental pur- 
poses. Schools are located at Tishomingo, Helena, Broken Arrow, 
Warner, Goodwell, and Lawton. 



THE SCHOOL 27 

Normal Schools. — There are six normal schools, as follows: 
Central, at Edmond ; Northwestern, at Alva ; Southwestern at Weath- 
erford; East Central, at Ada; Northeastern, at Tahlequah ; South- 
eastern at Durant. 

University Preparatory Schools are located at Tonkawa and 
Claremore. 

Colored Agricultural and Normal University is located at 
Langston. 

School for the Deaf is located at Sulphur. 

School of Mines and Metallurgy is located at Wilburton. All 
subjects relating to mines and mining are taught. 

School for the Blind is located at Muskogee. 

Industrial Institute and College for Girls is located at Chick- 
asha. 

Whitaker Orphans' Home is located at Pryor Creek. 

Colored Orphans' Home is located at Taft. 

Boys' Training School is located between Pauls Valley and 
Wynnewood. 

All the above institutions, with the exception of the Agricultural 
and Mechanical College, and district agricultural schools, are under 
the supervision and control of the state board of education. 

Suggestive Questions 

1. What is a school? 

2. Name some great private and parochial schools. 

3. Why should the state rather than the nation educate? 

4. What are some qualifications for school trustee? 

5. What steps must a person take to secure a school? 

6. Why is a teacher granted great power? 

7. What are some moral obligations of patrons? 

S. What is your school curriculum, and how adopted? 
9. What permits women to be more active in this government than 
in some others? 

10. W T hat composes the school funds of Oklahoma? 

11. Make comparisons with other states in school funds, length of 

term, salary of teacher, etc. 

12. Give requisites of county superintendent. 

13. Who are some high school officials? Give duties of each. 

14. Who is the man in charge of the department of education, and 

what has he done for education in the state? 

15. What and where are the state normals? 

16. What are some inducements offered by the state university to 

pupils of the state? 

17. What is the annual school meeting? When held? Its powers? 
IS. What board examines teachers? Define its powers. 



28 OKLAHOMA CIVIL GOVERNMENT 

19. Give requisites for first, second, and third grade certificates. 

20. What is the law relative to moral and humane education? 

21. In Oklahoma, what is the school board, and what are its powers? 

22. What is said of district schools? 

23. What is said of schools in cities of the first class? 

24. What is said of the farmers' short course and normal institutes? 

25. What provision is made in Oklahoma relative to agricultural and 

industrial education? 

26. What is said about compulsory education? 

27. How are the school-books provided in Oklahoma? 



Questions for Debate 

1. Resolved, That compulsory education is not practical. 

2. Resolved, That trustees should be paid a salary, and a penalty 

imposed on them for lack of duty. 

3. Resolved, That no school should exist without two teachers, and 

that it is best to consolidate districts, until three or more 
teachers are demanded. 



CHAPTER IV 
THE CIVIL DISTRICT 

[The civil district does not exist in Oklahoma, but exists in some 
states. To give the pupil correct general information, it is well to 
study this chapter.] 

Civil District. — Continuing the study of government 
from simple to more complex forms, the civil district should 
next be studied. The civil district arose in portions of the 
South where the population was sparse, or at least marked 
by an absence of towns. Here the people must have some 
way of applying state laws, so the county was divided into 
convenient districts. Due to the fact that the people could 
not assemble so easily as in the towns of Xew England, the 
system of government was more simple than the town g 
ernment. The civil district of Virginia, Kentucky, and 
other states of the South had but two important officials, 
the magistrate and constable. The township of the West is a 
growth from either the civil district of the South or the towns 
of New England, or from a union of both. The civil district, 
as here spoken of, does not exist in Oklahoma. 

Met at Twenty-one Actually. — In the school, govern- 
ment is applied to its members without consent, but when 
the school-boy reaches the age of twenty-one he for the first 
time can exercise the right of voting. 

Five to Twelve Make a County. — In looking about him, 
this new citizen will note that the county has been divided 
into districts, — from five to twelve, — the number depending 
upon population, size of county, and features of convenience. 

29 



30 OKLAHOMA CIVIL GOVERNMENT 

Laws Made Elsewhere Applied Here. — Here voting 

boundaries are set, and laws of the state and county are 
brought to the doors of the people. That was the idea in 
ancient Greece, where the people boasted that where the 
law was applied, the law was made. That could take place in 
Greece or in Rhode Island, but in states as large as the great- 
est European empires, it cannot be; so our lawmakers sit in 
capitals far removed from the people and make laws that 
must be applied through the district, township, and county. 

Sacred Regard for District or Township Ballot. — -Here 
we should stop to consider the duties of citizenship. If the 
American citizen cannot be on guard at capitals, where the 
laws are made, it is as important as liberty and love for 
country that he go to the ballot-box in the district and choose 
his lawmaker. No other duty of citizenship is more import- 
ant than the pure and free use of the ballot. It is becoming 
a fixed belief, and every American youth should hold to it, 
that at least one man, from whom the ballot should be 
taken, is the one who for false reasons fails to use it. Elec- 
tion days may or may not be school holidays, but no school 
in the land is worthy of respect which does not devote all 
means in its power on that day to impress its pupils with the 
privilege and power of the freeman's ballot. 

Law Close to People. — As has been said, the civil dis- 
trict brings the law, and hence justice, closer to the doors 
of the people. 

Executive and Judicial Only. — The powers of the dis- 
trict are strictly executive and judicial. No legislative power 
is given it. The simple yet important application of law is 
made through the justice. He is elected by the legal voters 
of his district, though in some states he is appointed for a cer- 
tain term. He is required to give bond for performance of 
duty and take an oath. 

Justice's Work. — His court may be held upon his call- 
ing it, but sessions every quarter-year must be held. He 
may issue warrants for arrest upon sworn statements; he 
may try persons guilty of breaches of the peace, and civil 



CIVIL DISTRICT 31 

suits where the amount in dispute does not exceed one hun- 
dred dollars, — in some states more, in others less; he may 
issue bond for lawless characters to keep the peace. Justices 
often hold inquests instead of coroners, and in some states 
they have all the duties of a coroner. Sitting as a court, 
justices may hear evidence in important criminal cases. If 
the justice believes the person guilty, he is bound over or 
held to await the action of the grand jury ; if innocent, he is 
discharged. This is called an examining trial. 

Important Office. — From this list of duties, it will 
readily be seen that a justice should be honest, brave, and a 
reasonably well-educated man. He is the closest guardian 
of our homes and rights. His power is best shown, perhaps, 
in times of riot or mob violence, when at his word even- 
citizen can be compelled to assist him in keeping order. 

The Constable. — There is a constable to wait upon the 
justice's court. He serves subpoenas, writs, makes arrests, 
and often is used by the district as collector of fines, taxes, 
etc. 

Rights and Duties Mutual. — Rights and duties are 
mutual. If the citizens of the district have a right to all the 
protection and aid which the justice and constable can offer, 
then it is their duty to cheerfully sustain and support those 
officers in every way. This may be best done by obeying 
the law and extending to all the same rights and privileges 
each would claim for himself. 

Suggestive Questions 

1. What is the need of the civil district? 

2. What is the sacred privilege awaiting the school-boy at the point 

where he becomes a participant in district government? 

3. What ancient government had justices, and what were their duties 

then and now? 

4. What do you think of the qualifications for justice in your dis- 

trict? 

Question for Debate 

Resolved, That a justice should obtain a lawyer's license before he 
holds office of justice. 



CHAPTER V 
THE TOWN OR TOWNSHIP 

It is the kind of government that people are sure to prefer when 
they have once tried it under favorable conditions.— John Fiske. 

District, Township, and Town Distinguished. — In 

civics, as in other matters, trouble is caused by careless use 
of terms. "District" is often used synonymously with 
"township" or "town," but this is not always correct. For 
while in the South the district often takes the place of town- 
ship, yet in the East and West the township plays an en- 
tirely different part in government. 1 In the East it is a more 
important division than the county, while in the West it is 
inferior to the county, but superior to the district of the 
South. 

Purpose of Township. — It has been said that "eternal 
vigilance is the price of liberty." This is but one way of 
saying that a sensible people will keep the making, the inter- 
preting, and execution of their laws as close in their hands 
as possible. This is the purpose of the township. The town- 
ship permits the oeople to adjust their own local affairs, to 



2 The township, as its name suggests, is a child of the town meeting 
and government of New England. The first town meeting in America 
was held in 1633 at Dorchester, Massachusetts. Michigan had town 
meetings as early as 1805. Counties were laid out, but the people 
lived in groups, and the town government was more practical. 

Two distinct grades of township government are found in the West. 
The one has the town meeting for discussion of matters; the other 
has not, but all official work is centered in a board of trustees. Okla- 
homa, bordered by Texas and Missouri, with the county the chief 
feature — yet settled by Kansans and Illinoisans too, with many town 
features — takes on the nature of both. The school meetings the first 
Tuesday in June show this. Men and women meet together at the 
school-house and discuss teachers, taxes, and other matters. Yet the 
county system is stronger in Oklahoma than the township system. 

32 



THE TOWN OR TOWNSHIP 33 

develop their property, highways, and schools, and suppress 
all evils as they choose. 

The Township's Shape and Size. — In the eastern por- 
tion of the United States the town or township existed be- 
fore the county, and in placing several together to make a 
county, irregularity in shape and size arose. But in the 
West, the United States, surveying the territories before 
they were admitted as states, made the townships conform 
to parallel and meridian lines. The township here is six 
miles square, containing thirty-six sections of six hundred 
and forty acres each. 

Oklahoma Townships of Mixed Origin. — In Oklahoma 
there are two classes of townships : one is the township ac- 
cording to the governmental survey, being six miles square, 
while the other is called a municipal township. This munici- 
pal township in many respects resembles the civil district, 
w r hile in others it conforms to the township of the West, 
North and East. 

A Complete Government. — Complete governments have 
three great functions : legislative, or law-making, executive, 
or law-enforcing, and judicial, or law-interpreting. The 
growth of civilized government is gauged by the even bal- 
ance, distribution, and separation of these functions. The 
township has all three. In the East, they are evenly bal- 
anced, while in the West the executive is strongest. 

The New England Town. — The legislative power of the 
township or town in New England lies in the people them- 
selves. Upon specified days all the people come together, 
determine their public expenses, levy taxes, make appro- 
priations, elect officers, fix salaries, discuss questions of 
common interest, and decide upon a course of action for the 
coming year. 

True Democracy. — Surely this is a pure democracy. 
The merit of such a system is that it places responsibility 
where it belongs, and thereby develops a courage and ability 
that can only come from actual service. It was the town 



84 OKLAHOMA CIVIL GOVERNMENT 

meeting which aired England's injustice, raised minute-men, 
and "fired the shot heard around the world." 

Town and Township Legislature. — In many township 
governments, the legislative department is vested in trustees, 
or selectmen, or town council. The number differs in differ- 
ent parts of the Union. They are elected by the qualified 
voters of the township for a term of one, two or three years. 
They make laws or ordinances, sometimes called by-laws, 
trying therein to meet the demands of the community. 

Duties of Selectmen or Trustees in East. — In many 
parts of the East the principal duties of selectmen or trus- 
tees are to sit as judges of election; to appoint road super- 
visors; to have charge of the paupers not supported by the 
county; to purchase and maintain cemeteries; to divide the 
township into road districts; to open roads upon petition; 
and to right wrongs which may arise in the township. In 
truth, their work is more executive than legislative. 

Township Executive Officers. — The executive officers of 
a township are the clerk, assessor, supervisor, treasurer, 
school directors, and constable. 

Clerk's Duties in a Town. — The clerk keeps the record 
of the business transacted by the selectmen. He keeps the 
poll sheets of the election, and often acts as clerk of the 
school board. At the town meeting he calls to order and 
then keeps a record of all business done. 

Town Assessor. — The assessor records all property 
values of the township, takes the number of polls, makes a 
tax list, and delivers it to the auditor in many states. In 
most states there is a valuation of property each year. 

Supervisor Chief Officer in Some Parts. — In some parts 
of the country the chief portion of all executive duties of 
-the town or township falls to the lot of a supervisor. 

Town Treasurer. — The treasurer, as his name suggests, 
is keeper of the funds of the township. All fines and license 
fees come into his hands. He must give good bond for a 
faithful performance of his duty, and pay out money only 
upon written order of the trustees, indorsed by the clerk. 



THE TOWN OR TOWNSHIP 35 

Town School Directors. — The school directors or 
trustees attend the schools, call for elections to vote bonds for 
school purposes, erect school-houses, employ teachers, levj 
taxes, adopt text-books, fix salaries and length of terms, and 
make reports to higher officers. 

The Constables, of which there are two or three for a 
township, have the same duties to perform as in the civil 
district. 

Other Officers in Town and Township. — There are some 
small but important offices in the township, such as col- 
lector, pound-keeper, fence-viewer, lumber-marker, sealer 
and weigher. These officers are holders of their positions 
through appointment, usually of the selectmen, or trustees. 

Judicial Power. — The judicial power is vested in justices 
or magistrates, varying from one to three in each township. 
Their duties are largely the same as those of the justice of 
the civil district. 

Township Ancient, Yet Modern. — The township, the 
oldest form of democratic government, set up in Greece and 
used by England, is now used very much by the American 
people. The new state of Oklahoma, embodying in its con- 
stitution the most practical and progressive ideas of govern- 
ment of all time, makes the township the local unit of citi- 
zenship. 

Reverence Due. — The student should search with care 
the Oklahoma constitution, as found in future chapters, 
and, noting what efforts have been made to preserve sacredly 
all those rights which grew out of freemen exercising the 
rights of freemen for centuries, let him vow earnestly to 
perform his township duties on coming to manhood with- 
out respect to any obstacle ; let him go into every local po- 
litical meeting, and there, by voice and ballot, proclaim his 
patriotic views ! 

Municipal Townships. — The election ordinance passed by the 
constitutional convention on the 22d day of April, 1907, and amended 
by the convention on the 15th day of July, 1907, fixed the municipal 
township boundaries and commissioners' districts of each county. The 



36 OKLAHOMA CIVIL GOVERNMENT 

boundaries and districts remain as fixed by the convention until 
changed, as provided by the laws of the state. These municipal town- 
ships must not be confounded with the congressional township, which 
is six miles square. The former may be of an irregular size or shape. 
Many towns and cities of the state make one municipal township. A 
municipal township usually includes several congressional townships. 
In this connection, it is well to consider county commissioners' dis- 
tricts, for their boundaries, and those of municipal and congressional 
townships, sometimes overlap. 

Officers. — The officers of a township, elected every two years, 
are: trustee, clerk, treasurer, two constables, two justices of the peace, 
and one road overseer in each road district. However, in cities, towns, 
and villages, the township officers are elected annually at the general 
election. All of the officers must be qualified voters of the township 
and must take an oath of office. All road overseers must reside in the 
district for which they are elected. Vacancies are filled by the board 
of county commissioners, except in cities, towns, and villages. Justice 
of the peace, treasurer, constable, and road overseer execute a bond. 

Board of Directors in Each Township. — In each township there 
is a board of directors composed of the trustee, treasurer, and clerk, 
whose duty it shall be to audit all accounts, and levy all taxes. It 
meets twice a year, on the third Wednesday after the first Tuesday 
in April, and on the third Monday of October, and at such other 
times as they wish. The board elects a president at its first meeting 
after election. It makes out a statement of the amount of money 
needed to run the township, and certifies this to the board of county 
commissioners. Township officers receive $1.50 per day for the time 
they actually work for the township. The treasurer makes a 3'early 
report to the board. The board also acts as a board of health, under 
the supervision of the county superintendent of health. 

How Roads Are Made. — All section lines are public highways, 
which shall not be less than thirty-three feet nor more than sixty-six 
feet in width. County commissioners or township boards may open 
and establish roads. Township boards are highway commissioners 
for each township. The board divides the township into road districts 
of not less than four square miles in area. The highway commis- 
sioners hold regular meetings on the first Monday in January and 
July, and on such other days as they may select, not exceeding eight 
in each year. 

Road Supervisor. — The highway commissioners appoint a road 
supervisor in each road district, who holds his office for one year. The 
supervisor performs such duties as the highway commissioners define. 
He makes a list of all persons between the ages of twenty-one and 
fifty, and each such person is required to work on the roads four days 
in each year, or pay $1.25 per day in lieu thereof. The supervisor 
directs the tools that each person must use. A man who furnishes a 
team, plow or wagon and driver, is only required to work two days. 
Fifty per cent of all road work must be completed before the first of 
July, and the remaining fifty per cent before the end of the year. 



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38 OKLAHOMA CIVIL GOVERNMENT 

Highway Engineer. — This officer is appointed by the county 
commissioners, and his term of office is one year. He is paid five 
dollars per day. His duty is to inspect all roads, culverts and bridges 
and make reoorts. Each township pays for the work done by him in 
that township. 

Convict Labor. — Convicts are divided into groups of not to ex- 
ceed one hundred convicts in each county, and may be worked in a 
county not to exceed five months in each year. The county pays all 
expenses. 

Road Improvement Districts may be formed in each county, to 
consist of not less than eighteen square miles in area, on petition of 
fifteen per cent of the qualified electors. Bonds may thereafter be 
voted in each district. 

Suggestive Questions 

1. Where are civil or magisterial districts used? 

2. Where are townships used, and why? 

3. What made the New England town? 

4. Where are the county divisions called "hundred," "parish," 

"beat," etc.? 

5. Why cannot town governments be applied to West and South as 

well as New England? 

6. What is the legislative body of a township? 

7. What is the judge of the township? 

8. Who is a keeper of the peace in the township? 

9. Trace the history of the town through England, New England, 

and on to the West. 

10. What is the difference between a congressional and municipal 

township in Oklahoma? 

11. What are the officers of a township in Oklahoma, and what are 

their powers? 

12. Who constitutes the board of directors of each township, and what 

are their powers and duties? 

13. How are roads made in Oklahoma? 

14. What are the powers and duties of road supervisor and overseer 

in Oklahoma? 

15. How are township taxes assessed? 

16. Who constitutes the township board of equalization, and what is 

its power? 



CHAPTER VI 

VOTERS AND VOTING 

A weapon that comes down as still 

As snowflakes fall upon the sod; 
But executes a freeman's will, 

As lightning does the will of God; 
And from its force nor doors nor locks 
Can shield you, — 'tis the ballot-box. 

Pierpont, "A Word from a Petitioner." 

Importance. — A great deal has been said about the 
sacred nature of the ballot, and it is well to consider the sub- 
ject, because the power and long life of the American repub- 
lic depend upon the voter. 

State Control. — To every state is given the right to fix 
and control the qualifications of its voters, except that the 
fifteenth amendment of the federal constitution provides 
that no distinction shall be made "on account of race, color, 
or previous condition of servitude." 

General Rule. — The usual qualifications demanded in all 
the states are that the voter shall be a male citizen, of the 
age of twenty-one years, and of sound mind. However, these 
are changed in many ways by the several states. 

Citizenship. — Not always does the s<ate demand citizen- 
ship. Some states give suffrage to every male person of 
foreign birth, of the age of twenty-one years, who takes oath 
that he intends to become a citizen. This oath of promise 
must be taken from thirty days to one year before voting. 

Other Qualifications; Residence. — On approaching the 
polls, a voter is usually asked these questions : Do ycu reside 
in the state, county, and voting precinct? How long in each? 
The voter must answer "Yes" to the first, and show that he 
has resided in the state from three months to two years, and 

39 



40 OKLAHOMA CIVIL GOVERNMENT 

in the county six months to one year, and from thirty to 
ninety days in the precinct, before he is permitted to vote. 

Some states demand that a poll-tax receipt for the pre- 
ceding year be shown, and many states require ability to 
read and write. Some demand that the voter be able to read 
a section of the constitution, and explain it. 

Registration. — In order to prevent illegal voting, and to 
purify the ballot, a large number of states demand that 
offices of registration be opened, convenient to voters, for 
a period of time before election. Here a voter must secure 
a certificate of registration and present it at the polls, or he 
is not allowed to vote. Registration was for a time used 
only in cities, in order to prevent fraud, but it is now used in 
all places by many states. 

Disqualifications. — Certain classes of persons are 
usually kept from the ballot. Idiots, the insane, persons con- 
victed of a crime (unless rights are restored), paupers, duel- 
ists, and bribe-givers are usually denied the right. 

Citizen not a Voter. — Citizenship and the right to vote 
are not the same. A citizen is one who is born or natural- 
ized in this country. Naturalization is a term meaning "to 
make a citizen. " Thus women and children may be citizens, 
but may not be voters. It has been observed before that one 
may be an alien, and yet be permitted to vote. 

Woman Suffrage. — Woman is given the right to vote on 
the same terms as man in Wyoming, Utah, Colorado, and 
Idaho. Oklahoma, Kansas, New York, and many other 
states give women the right to vote and hold office in school 
affairs. 

Election Day.— In most states elections for various of- 
fices are held on the first Tuesday after the first Monday in 
November. This brings the election of all officers every four 
years upon presidential election day, but this varies widely. 

Secret Ballot.— The secret ballot prevails now in over 
two-thirds of the states. The old viva voce or "by way of 
voice" method, where the voter spoke his choice to the clerk 
of election and had his vote recorded, is giving way to the 



VOTERS AND VOTING 41 

Australian ballot system. This is a system arising out of 
the demand for clean voting in early days of Australia, when 
ruffianism, bribery, threats, and fraud surrounded the polls. 

How We Vote. — On election day the voter goes to the 
advertised election place, between set hours of the day. In- 
stead of the old-time crowd about the ballot-box, he sees the 
line of voters reach a certain stake or place, where a printed 
card states thq law on elections. It says that no voter with- 
out notice from officers of election shall approach closer than 
thirty to ninety feet of voting-booths ; that at a word from 
the judge of the election one to three voters may come for- 
ward and receive unmarked ballots, after having the name 
recorded on the poll-book. The voter is asked to pass into 
a secret place, called a booth, and use a marker or stencil 
in certain ways upon the ballot, thereby making his choice. 
Folding his ballot within the booth, he returns and gives it 
to a judge of election, — there are usually three of these, 
representing the leading political parties. — and the ballot is 
deposited, without further mark, in the sealed and locked 
ballot-box. The law usually demands that all this be done 
in five minutes or less. If a voter cannot read his ballot, 
many states permit a judge of election to enter the booth to 
instruct him. 

Liberty. — Thus we see what time, money, and care are 
expended upon giving a' free ballot to the American voter. 
All this is done to preserve that liberty so dear to the average 
boy and girl, man and woman. There is more government 
by the people in this nation than in other lands. There 
are more voters here according to the population, with the 
exception of New Zealand, Switzerland, and parts of Austra- 
lia, than in any other country. Here we vote for almost 
every office. School trustee, magistrate, county judge, 
senator, governor, congressman, and president are all be- 
neath our ballot. Truly, such special right and privilege will 
be kept pure by coming citizens of this federal union, if to 
do so they need again to pledge their lives, their fortunes, 
and their sacred honor. 



42 OKLAHOMA CIVIL GOVERNMENT 

General Elections; State Election Board. — In Oklahoma, all 

elections are held on the first Tuesday succeeding the first Monday 
in November, 1908, and every two years thereafter. A state election 
board, consisting of three members, is appointed by the governor. 
Not more than two of these members shall be of the same political 
party. The term of office of members is four years. Each political 
party casting the greatest number of votes submits five names, from 
which the appointments are made. The members receive three dollars 
per day for not more than fifty days every two years, and the secretary 
receives two hundred dollars additional, during his term. 

County Election Board. — The state election board appoints a 
county election board, consisting of three members, in each county. 
Not more than two members shall be of the same political party. The 
appointments are made from lists of five names, presented by each 
county central committee. The term of office of members is four 
years. The members receive two dollars per day for not to exceed 
twenty days in each year. The secretary receives fifty dollars extra 
during his term. 

Precinct Election Board. — Each political party casting the 
largest number of votes submits to the county board a list of five 
names, from which the county board selects a precinct election board 
in each precinct of the county. The latter board consists of three 
members, not more than two of whom shall be of the same political 
party. One of these members is called inspector; one, judge; and one, 
clerk. The inspector is chairman of the board. The precinct boards 
hold office four years. The precinct boards conduct all elections in 
each precinct. 

Further Powers of State and County Boards. — The state board 
prepares the ballots, tally-sheets, and election supplies for state offi- 
cers ; and the county boards prepare the ballots for county officers. 

How Voting is Done; Official Counters. — Each precinct board, 
before the opening of polls, appoints four official counters, not more 
than three of whom shall belong to the same political party. These 
counters each take an oath of office. At ten o'clock on the day of 
election, the ballot-boxes are opened and the official counters com- 
mence to count the ballots which have been cast If they finish 
before the closing of the polls, the boxes are again opened, and the 
counting of ballots cast after ten A. M. is continued. The counters 
are required, under penalty of a fine and imprisonment, to keep secret 
the result of their count, and are not permitted to talk with any one 
except the inspector. No one, except a person voting, shall be allowed 
nearer than thirty feet to where the count is going on. The voted 
ballots are put on a string, the two ends of which are tied together, 
and placed in a sealed envelope. The ballot-book, certificate of the 
result of the vote, and two duplicate copies of the certificate, are 
placed in another sealed envelope. These two envelopes are then 
returned to the county election board. 

Official Returns. — The county board meets at the county court- 
house at five o'clock p. m., on the day of election, for the ouroose of 



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44 OKLAHOMA CIVIL GOVERNMENT 

receiving the "official returns." The "official returns'* are the two 
sealed envelopes above stated. The county board continues in session 
until it counts the returns from each precinct, and issues a certificate 
of election to the successful candidate. 

Registration. — In every city^ of the first class, voters must be 
registered before they are permitted to vote. Each precinct election 
inspector in cities is the registration officer for his precinct, and a 
voter must appear before the inspector of his precinct and register, 
before he is entitled to vote at the election. This may be done at any 
time between the first of June and the last Saturday in July, and 
during the last week of October, every two years, commencing with 
the year 1908. 



Suggestive Questions 

1. What are some things said as to the importance of voting? 

2. Why does the state control the ballot? 

3. What is usually required of voters? 

4. Is citizenship always required, and why? 

5. What are special qualifications arising in many states ? 

6. What is demanded of the voter in state, county, township, and 

city elections in Oklahoma? 

7. What is registration, and where is it demanded? 

8. What in Oklahoma will disqualify a person for voting? 

9. Explain how one may be a citizen, and yet not be allowed to vote. 

10. Why are not women given suffrage in every state? 

11. Why is the secret ballot so popular in this country? 

12. Tell what steps are taken to get a ballot into the ballot-box by a 

legal Oklahoma voter, when voting for president? 

13. Is it true that we are the freest people of the earth? Explain. 

14. When are elections held in Oklahoma? 

15. What is the supreme election board? How is it appointed, and 

what are its duties? 

16. How are elections held in each county and precinct? 

17. How are the "returns" counted? 

18. What is the registration law in Oklahoma? 



Questions for Debate 

1. Resolved, That women should have equal suffrage with men. 

2. Resolved, That no one should vote unless, by birth or naturaliza- 

tion, one is a citizen of the United States. 



CHAPTER VII 

PARTY MACHINERY 

Gentlemen, I am a party man. I believe that, without party, par. 
liamentary government is impossible. I look upon parliamentary 
government as the noblest government in the world, and certainly the 
one most suited to England. But without the discipline of political 
connection, animated by the principle of private honor, I feel certain 
that a popular assembly would sink before the power or the corrup- 
tion of a minister. — Lord Beaconsficld (Benjamin Disraeli). 

Parties. Conventions, and Primaries. — We called atten- 
tion in a preceding paragraph to the presence of the two great 
political parties about the ballot-box. It would be well at 
this time to introduce the pupil to those great political 
machines known as parties, conventions, and primaries. 

How Parties are Formed. — In any social gathering, if a 
question be proposed, it is likely to meet the support of some, 
the opposition of others, while a few may take no sides. 
Great questions of duty arise in all nations, and in one like 
ours, where the people are to make choice and decide, these 
questions divide the people. These divisions, when closely 
united, are called political parties. 

Political Party Defined. — In the early days of our re- 
public there was one feeling controlling all, and that was to 
remain silent while the noble and beloved Washington was 
given a chance to prove the new government a good one. 
There being little or no dissent from this feeling there were 
no political parties. But scarcely had the venture been made 
when different opinions growing out of views of the consti- 
tution arose, and those believing, like Hamilton, in central 
power, fell into one rank, and found facing them an earnest 
host under such as Jefferson, who took for their cry of 
political faith, ""Place the power among the people." Thus 
sprang into being national political parties, whose power and 

46 



46 OKLAHOMA CIVIL GOVERNMENT 

plans have controlled this country ever since, under the 
names, federalist, anti-federalist, republican, and democratic. 
So a political party is a body of citizens who have a political 
faith in common. 

Conventions, — Under influence of newspapers, public 
speakers, and other forces, people having views in common 
are urged to meet at some central point and set forth their 
principles. At the time and place appointed, hundreds and 
often thousands assemble in some great hall. A temporary 
chairman and secretary are chosen, and with these to direct, 
committees of final organization are appointed. Some of 
these committees are: permanent organization, credentials, 
order of business, and resolutions. This last committee 
brings in a written statement of the assembly's views of 
state or national conduct, and, after discussion and adop- 
tion, this makes the "party platform. " Thus, in great con- 
ventions, are parties usually organized and kept alive ; be- 
cause, while here, the various committees are formed, the 
plan for the campaign is outlined, and the organization of 
the party in every state or district is discussed. 

Nominations. — The election of county, state, and na- 
tional officers approaches. The county committee of each 
party meets and makes a call for a county convention and a 
primary to be held in each precinct. On the day of the pri- 
mary the people meet and choose their candidates. They 
may also at this time, in such way as is directed, obey the 
call of the county committee of each party for each town- 
ship to elect delegates to a county convention. This county 
convention or primary may, on coming together or casting 
its vote, make nominations for county officers, and also obey 
the call of the congressional district committee for the 
county to send delegates to a congressional district conven- 
tion at a specified place and time, and nominate candidates 
for congress. The county convention also usually selects dele- 
gates to a state convention, which nominates state officers, 
and it may at this time select delegates to a national conven- 
tion. This last convention nominates party men for national 



PARTY MACHINERY 47 

offices — as the presidency — and thus the round is made. This 
shows the precinct convention or primary to be the source of 
power in our political system. 

Primaries Demanded. — In this extensive chain of con- 
ventions, reaching from the few citizens in the township 
meeting to the acres of anxious delegates in the national 
convention, there must be some weak, because unwatched, 
links. Remove delegates from their creators— the people — 
but a little distance, and they many times forget all, and 
throw honor to the winds. There has grown a feeling 
among the people that the humblest citizen has as much 
right to select the candidate of his party as he has to vote 
for a candidate selected by some one else. So in recent 
years the parties have used "primaries," wherein polls are* 
opened under party control, at certain times and places, and 
all qualified voters, showing that they are party men, may 
vote for candidates, who, if chosen, are nominees. It 
should be understood that in voting for such candidates the 
voter can vote for whom he pleases. In some states if the 
name of one for whom he wishes to cast his vote is not 
upon the ticket or poll sheet he has the right to write it 
there and cast his vote therefor. 

Primaries Adopted by State Law. — All this machinery 
spoken of has for years been run by parties. But certain 
states, Oklahoma being a late and splendid example, have 
written in the laws of the state a demand that candidates for 
all offices must submit their claims to a primary. 

Preferential Primaries. — Under the federal constitution, 
the president and senators are not elected by direct vote 
of the people. In many states, however, at the time state 
primaries are held, the voters express their preference for 
president and senators, and this expressed will of the peo- 
ple should be binding upon delegates in the national con- 
vention, and upon members of the legislature. ■ 

Parties in Other Nations. — The party system is not 
so vast or complete in any other country as in America. 



48 OKLAHOMA CIVIL GOVERNMENT 

England, with its liberal and conservative parties, is very 
much on the same order. Austria and Italy, without the stiff 
hand of the monarch, could not have a strong form of govern- 
ment very long. If the word "party" be used toward such 
governments as Russia or Turkey, it has another meaning. 
"Party" there usually means a group of revolutionists, or 
plotters against the government. 

Primary Elections; When and How Held. — In Oklahoma, all 
political parties nominate their candidates at a primary. This primary 
is held on the first Tuesday in August every two years, commencing 
with the year 1908. Candidates for all offices must be nominated at 
the primary, except that a non-partisan candidate (that is, a candi- 
date not running as the candidate of a political party) may be placed 
upon the ballot by petition before the general election. No non-parti- 
san candidate can run in the primary election. Delegates to national, 
state, county, and district conventions are also elected at this primary. 
Primary elections are held in the same way that general elections are 
held. The state, county, and precinct election boards perform the 
same duties as in general elections, and have full charge of primary 
elections. The manner of voting is the same as at general elections. 

How Candidates Are Placed Upon the Ballot; Petitions. — If a 
person wishes to be nominated for office by his party, he must file his 
petition, if for a state office, with the state board; and if for a county 
office, or for any subdivision of a county, then with the county board. 
Candidates for state senator and representatives must file petitions 
with the state board. For state offices, petitions must be filed not more 
than one hundred days nor less than forty days before the primary 
election. For county or township offices, petitions must be filed not 
more than ninety days nor less than thirty days before the primary 
election. Nominating petitions must contain a certain number of 
names, as follows: For a state office, 1,000 names; for a district or 
subdivision larger than a county, 500 names ; state senators and repre- 
sentatives, 100 names; for a county office, 100 names; for a subdivision 
of a county greater than a township, 50 names; for a township office, 
15 names; for precinct committeeman, 10 names. 

Xc elector shall sign more than one petition for the same office. A 
candidate cannot circulate his own petition. The person circulating 
the petition must make affidavit that he secured the names in his pres- 
ence, and that the signers are qualified voters. 

Primary Ballots. — A separate official primary ballot is provided 
for each political party. For instance, the candidates for nomination 
on the democratic ticket are printed on paper of a certain color; the 
candidates for nomination on the republican ticket on paper of another 
color, etc. When a voter wishes to vote, he is given the ticket he 
wishes to vote, and it is impossible for a person to vote for a candidate 
on more than one ticket. Only straight party tickets can be voted. 



Sample Primary Election Ballot 



DEMOCRATIC TICKET 




□ 



STATE OFFICERS 
FOR CORPORATION COMMISSIONER 

(Vote for One) 

JOHN DOE 

RICHARD ROE 

CONGRESSIONAL OFFICERS 
FOR UNITED STATES SENATOR 

JOHN DOE 

FOR CONGRESSMAN 2D DISTRICT 

(Vote for One) 



□ 

□ 
□ 



JOHN DOE 

RICHARD ROE 

JUDICIAL OFFICERS 
FOR JUSTICE SUPREME COURT 4TH DISTRICT 

JOHN DOE 

LEGISLATIVE OFFICERS 
FOR STATE SENATOR 14TH DISTRICT 

JOHN DOE 

FOR REPRESENTATIVE OF CARTER COUNTY 

JOHN DOE 

Instructions to Voters 



For every person for whom it is desired to vote stamp an X in the 
small square beside his name. 

Where there are two or more candidates for the same office and it 
is indicated (vote for one) ; only one X should be stamped for that office. 

If more than one candidate for any office is indicated, stamp an X 
for as many as the ticket calls for. 



49 



50 OKLAHOMA CIVIL GOVERNMENT 

Expenses of Candidates. — Candidates for nomination at the pri- 
mary election shall be limited in their expenses in amounts not more 
than the following: 

United States senator or governor, $3,000 ; for any other state office, 
$1,500; for supreme justice, $1,000; for congressman, $800; for district 
judge, $500; for state senator, $250; for representative where the dis- 
trict is larger than one county $250; for a county office, $200; for a 
district or subdivision of a county, $50; for mayor in cities of 15,000 
or more, $200 ; for other offices' in cities of like population, $150 ; for 
mayor in towns less than 15,000, $100 ; for other officers in such 
towns, $50. 

Within ten days after each primary election, candidates are required 
to prepare and file an itemized statement, showing the amount of 
money or other things of value expended by them during the cam- 
paign. No certificate of election shall issue until a candidate files such 
statement. 

Candidates at General Election. — The candidates receiving the 
highest number of votes in a primary election are placed upon the 
official ballot at the general election in November. In this way there 
is only one candidate of a political party for each office. As we said 
before, however, there may be non-partisan candidates at the general 
election. 

Suggestive Questions 

1. What are three important elements of party machinery? 

2. Show how parties usually arise in a government like ours. 

3. What has brought about the democratic and republican parties ? 

4. Explain how conventions arise, and their use. 

5. What is a party "platform"? 

6. How is a candidate for president or governor brought out as 

nominee? 

7. What is a primary, and why is it used? 

8. What does the state constitution say of primaries? 

9. What can be said of parties in other nations? 

10. How are primaries held in Oklahoma? 

11. How are candidates placed upon the primary ballot? 

12. What is said about expenses of candidates? 

13. How are candidates placed upon the general election ballot? 



Question for Debate 

Resolved, That for nomination of candidates conventions are better 
than primaries. 



CHAPTER VIII 

THE COUNTY 

Sounds drop in, visiting from everywhere, — 

The bluebird's and the robin's trill are there; 

Their sweet liquidity diluted some 

By dewy orchard spaces they have come: 

Sounds of the town, too, and the great highway — 

The Mover-wagons' rumble and the neigh 

Of overtraveled horses, and the bleat 

Of sheep and low of cattle through the street, — 

A Nation's thoroughfare of hopes and fears, 

First blazed by the heroic pioneers 

Who gave up old-home idols and set face 

Toward the unbroken West, to found a ra:^ 

And tame a wilderness, now mightier than 

All peoples and all tracts American. 

Tames Whitcomb Riley, "A Child World" 

The County Introduced. — The township, county, town, 
and city governments have but little control over each other. 
Each is fashioned for carrying out the laws of the state; 
this in its appointed way, that in another. 1 

In the South and West the county is the political unit; 

X A county is one of the civil divisions of a country for judicial 
and political purposes, created by the sovereign power of the state, 
of its own will, without the particular solicitation, consent, or con- 
current action of the people who inhabit it; a local organization 
which, for the purpose of civil administration, is invested with cer- 
tain functions of corporate existence. (Ency. Law. Vol. VII, p. 900.) 
In Louisiana, the divisions of the state corresponding to counties are 
called parishes. Couni'es are not, in the strict legal sense, muni- 
cipal corporations; they are sometimes called quasi-corporations. 
They are political or civil divisions of the state, created by statute, to 
aid in the administration of government. The idea of government, 
by means of counties, comes down from the remotest periods of 
Anglo-Saxon history. It was imported to the American colonies 
with the common law, and entered naturally and of course into the 
framing of all their colonial government, whence it passed by easy 
transition and necessary consequence into the government of the 
states. (Ency. Law, Vol. VII, 904.) 

51 



52 OKLAHOMA CIVIL GOVERNMENT 

the county does the governing ; the county is supplied with a 
complete corps of officials ; and the county seat is the center 
of political life. 

Legislative Body of County. — The principal organ of 
county government is its legislative body, called, in Okla- 
homa, the board of county commissioners. The county is 
divided into three districts, and voters of each district vote 
for one commissioner. In a few states a board of super- 
visors, made up of the township supervisors, is the legisla- 
tive body of the county. In some, the justices, sitting with 
the county judge as presiding officer, compose the county 
legislature or fiscal court. 

Duties of Board of County Commissioners. — Its prin- 
cipal duties are: making and caring for roads and bridges; 
building and repairing public buildings; passing upon all 
claims and bills against the county; deciding annually upon 
necessary expenses; and fixing a tax rate. In many states 
it elects the superintendent of county schools, and if an of- 
ficial of the county dies or resigns, it elects one to take his 
place until a legal election occurs. The duties are important, 
and truly broad-minded men should be voted into such 
places of usefulness. The appearance of the county shows 
whether the people have put able, active men in this office. 

Executive Officer. — There is a sheriff in most states, 
who is the chief executive officer of the county. His duties 
are: to wait upon the county and district courts; to serve 
summons, writs and subpoenas ; to make arrests and keep the 
peace; to collect taxes, delivering them to the county and 
state treasurer; to execute judgments upon property and per- 
sons ; to keep prisoners and act as executioner. In some states 
he also acts as coroner. It is an important office, and when 
a man comes to vote for sheriff, he should remember it takes 
a man of honor, courage, and lofty standing to be the guar- 
dian of the peace and dignity of every home in the county. 

County Judiciary. — The judicial authority of the county 
is vested in a county court, assisted by justices of the peace. 
The county court has control of wills and estates, appoints 



THE COUNTY 5* 

administrators and guardians, and settles accounts. In many 
states it grants licenses, superintends roads, by appointing 
road overseers and creating new roads, appoints officers of 
election, holds examining trials, and tries minor offenses and 
civil suits. In some states the judge presides over the board 
of commissioners, acts as bridge commissioner, guardian of 
the county poor, and superintendent of county schools, while 
in some others the court is relieved of probate powers by a 
probate judge, or judge of estates of deceased persons or mi- 
nors. In Oklahoma the judge also issues marriage licenses. 

County Judge; His Importance. — In Oklahoma and 
many states the county judge, or probate judge, is perhaps 
the chief officer of the county, and if he be not the soul of 
honor, the county suffers in every nook and corner. In 
many states this important office is not filled by a competent 
man, because of its poor salary, but the wisdom of Okla- 
homa's constitution-makers is again made clear, when they 
left old ways and provided a good salary for this office. 

County Clerk. — Another important officer of a county is 
the county clerk, whose chief business is to keep the record 
of the county commissioners. In some states he issues writs, 
preserves papers, and records judgments. In others he is- 
sues marriage and other licenses, and keeps election returns. 

Register of Deeds. — In some states the county has a re- 
corder or register of deeds instead of a clerk, and some 
have both, as in Oklahoma. The register of deeds, as his 
name shows, makes record of wills, deeds, mortgages, plats, 
and all powers of attorney. The law makes it necessary that 
many of these instruments be recorded in order that they 
may be legal notice to everybody. 

County Attorney. — The county attorney is an officer 
who should be a lawyer of experience. The law demands 
that he act as lawyer for the county and state in all prose- 
cutions of breakers of the law; that he give the officers of 
the county legal advice in their work; in truth, he is the 
county's lawyer in all cases where it is in need, and there- 



54 OKLAHOMA CIVIL GOVERNMENT 

fore he should be a good one. No man has a wider range of 
influence for good than the county attorney. 

County School Superintendent. — This officer is chief 
school officer of the county. The office was treated care- 
fully under "The School." 

County Treasurer. — The county treasurer, an important 
officer in most states, receives all money belonging to the 
county, and pays it out only when he receives a warrant from 
the proper power. Some states, of which Oklahoma is one, 
make him the collector of taxes. 

Surveyor Needed. — There should be an able surveyor, 
to whom we can go for accurate surveys. Locating lines, 
determining tracts of land, and settling conflicting bound- 
aries, are some of his duties. 

Coroner. — The coroner takes notice of strange deaths, 
as by violence, in prison, etc. He summons a jury, has wit- 
nesses to testify and the jury renders a verdict as to cause 
and manner of death. This process is called an inquest. In 
some states the coroner takes the place of sheriff. 

District Court Clerk. — The citizens of the county elect 
a clerk of the district court. His duty, as his name shows, 
is to keep record of all work of the district court while sit- 
ting in the county. It is a very important office. 

County Officers in Oklahoma. — In Oklahoma, the county officers 
are named in section 324 of the constitution, as follows : county 
judge, county attorney, clerk of the district court, county clerk, 
sheriff, county treasurer, register of deeds, county surveyor, super- 
intendent of public instruction, three county commissioners, "and 
such municipal township officers as are now provided for under the 
laws of the territory of Oklahoma, except as in this constitution 
otherwise provided." Section 467 of the constitution provides : "Until 
otherwise provided by law, the terms, duties, powers, qualifications, 
and salary and compensation of all county and township officers, not 
otherwise provided by this constitution, shall be as now provided by 
the laws of the territory of Oklahoma for like named officers;" that 
the county judge shall perform the duties of probate judge under 
said laws ; and that the terms of all officers elected at the time of the 
adoption of the constitution, or first appointed, shall expire on the 
second Monday of January, 1911. All officers named in section 
324 were provided for in the laws of the territory. # The territory 
laws also provided for a county weigher, and coroner in each county. 



THE COUNTY 

The last two are not specifically mentioned in the constitution. All 
officers are elected every two years. 

The general duties of county officers in Oklahoma are similar to 
those stated in the preceding paragraphs of this chapter. We will, 
however, examine each one briefly. 

District Judge. — Xo one county in the state constitutes a judicial 
district. There is a judge for each district. See page 10S, and con- 
stitution, Sections ITS-ISO, 188, 191, 194, 

County Judge. — The duties of this officer, and the jurisdiction of 
the county court, are found at Sections 151 to 191 of the constitution. 

County Commissioners. — As we stated in the note at the conclu- 
sion of Chapter V, county commissioner districts were established 
by the election ordinance passed by the constitutional convention. 
These districts, however, may be changed. There are three commis- 
sioners in each county, one to be elected from each district by the 
voters thereof, and they constitute the board of county commis- 
sioners. Each commissioner executes bond not exceeding $5,000, to 
be approved by the county judge. The board has a ich shall 

be the seal of the county, and no other can be used by the con 
clerk. The board holds regular sessions at the county seat on 
first Monday in January, April, July, and October of each year, and 
such special sessions as they deem proper. At the first meeting in 
each year one commiss hall be electe I .n. All ace 

allowed by the board must be made out in separate items, and verified 
by affidavit. The chairman presides at all meetings, and has power 
to administer oaths. If the board should be eqi 

defer its decision until the next meeting. The b en in session, 

may preserve order, punish for contempt, and issue attachments for 
witnesses, make all orders respecting property of the county; audit all 
accounts of county officers; sell grounds oi the county, and purchase 
other grounds, provided such sale be authorized by a majority of 
the voters; levy taxes; build and repair bridge* highways, court- 
houses, and jails; furnish records and supplies for all county officers; 
superintend the fiscal affairs of the county, and on the first Monday 
of July each year, it shall publish a statement of the assessments, 
receipts and expenditures for the preceding year, with an account of 
all debts payable to and by the county treasurer; and generally do 
and perform all matters and things concerning the affairs of the 
county. Sessions shall be held with open doors, and the proceedings 
of the board shall be published in a newspaper. Separate books, 
showing proceedings of tr.e board, orders for the payment of money, 
and concerning roads and bridges, shall be kept. From decisions of 
the board an appeal to the district court may be taken by parties 
'aggrieved, including the county. When seven taxpayers request an 
appeal to be taken, if the matter relates to the affairs of the county 
at large, the county attorney shall take such appeal, if he thinks 
proper. The commissioners constitute the board of equalization for 
the county. It meets, commencing the first Monday of June each 
year, for the purpose of equalizing^ the assessment roll of the county 
between the different townships, cities, and towns. 



56 OKLAHOMA CIVIL GOVERNMENT 

Sheriff. — This officer gives bond in a sum not less than $3,000, nor 
more than $20,000, as the board of county commissioners shall direct 
and approve. He shall appoint an under-sheriff, who shall hold office 
during the pleasure of the sheriff, and as often as a vacancy occurs 
in the office of under-sheriff, another shall be appointed. When a 
vacancy occurs in the office of sheriff, the under-sheriff, if there be 
one, if not, the coroner, shall act as sheriff until one is appointed by 
the board of county commissioners, and he shall hold office until his 
successor is elected, and qualified. The sheriff may appoint such 
number of under-sheriffs as business may require, but can appoint 
only such persons as the board of county commissioners approve. 
He shall be responsible for all acts of the under-sheriff, and he, or 
the under-sheriff, may deputize certain persons to do particular acts. 
Appointments, and revocations of appointments, shall be filed in the 
office of the county clerk. The sheriff shall have the care and control 
of the jail, and all prisoners, and shall serve all writs, process, and 
orders of the proper courts, or officers. No sheriff, under-sheriff or 
deputy is permitted to advise or influence any person concerning the 
employment of a particular attorney, nor shall he appear as attorney 
in any case. Violation of this provision is punishable by a fine, and 
for the third offense, removal from office. 

Coroner. — This officer shall give bond in a sum not less than 
$5,000 nor more than $10,000. He has all the powers of the sheriff 
in keeping the peace, and arresting offenders against the law. When 
there is a vacancy in the office of sheriff, the coroner shall be sheriff 
until a successor is elected and qualified. If the sheriff shall be com- 
mitted to jail, the coroner shall be keeper thereof during the time 
the sheriff shall be a prisoner. He may also serve and execute 
process, and perform other duties of the sheriff, when the latter is a 
party to a case, or is partial or interested. The coroner shall hold 
inquests only on the bodies of such persons, the cause of whose death 
is unknown, or who are supposed to die by unlawful means. When 
holding an inquest, the coroner shall summon six persons to act as 
jurors. Evidence shall be heard, the jury shall return a verdict, 
and if a person is named as committing the crime, he shall be 
arrested, and given a hearing as in other cases. The body of the 
deceased shall be turned over to friends, and if there be none it shall 
be buried at the expense of the county. The coroner shall make and 
file with the county clerk a report of all inquests. When the deceased 
leaves personal property, the coroner shall take charge of same, and 
if unclaimed he shall advertise it for sale, and sell to the highest 
bidder, applying the proceeds to funeral expenses and depositing the 
remainder with the county treasurer. If no person claims said money 
within two years, it shall be paid into the general school fund of the 
county. If the deceased died by poison, the coroner may make a 
chemical analysis and examination of the body. 

County Attorney. — This officer executes bond in the sum of 
$1,000. He shall be a resident of the county in which he is elected 
or appointed. He shall represent, prosecute, and defend all cases in 
which the state or county is interested. He shall, upon request, with- 



THE COUNTY 57 

Ctlt ^ee, advise all county officers upon matters in which the county 
is interested, or relating to duties of officers. He shall not receive 
any fee or reward from or in behalf of any prosecutor or other indi- 
vidual for any duty which he is required by law to perform. On or 
before the first day of January each year, he shall file with the county 
treasurer a verified written account of all moneys received by him. 
He shall pay to the county treasurer all money he may receive within 
ten days after receipt. He shall attend sessions of the grand jury, ex- 
amine witnesses in their presence, give them advice, issue process, and 
subpoenas for witnesses, and draw all indictments found by the grand 
jury. Under the constitution (section 26), he may file an information 
against a person, and bring him to triaL 

County Treasurer. — This officer receives all money belonging to 
the county, and other moneys which are directed to be paid to him, 
and pays out the county's money only on warrants of the board of 
county commissioners. He is collector of taxes. He is charged with 
the amount of all tax lists in his hands, and credited with the amount 
collected thereon, and the delinquent list. He shall keep an itemized 
statement of all moneys, and his books at all times shall be subject 
to the inspection of the board of county commissioners. At the regu- 
lar meetings of the board in January and July of each year, and at 
such other times as it may direct, he shall settle with it his accounts. 
He shall, when directed by the board, insure all property of the 
county; attach a certificate to abstracts of title to real estate located 
in his county, which certificate shall show the amount of taxes due 
against it, and for this service he shall receive twenty-five cents for 
each abstract. He shall give bond as follows: In counties of 10,000 
inhabitants or over, not less than $75,000; in counties of 10,000, and 
not less than 5,000 inhabitants, $50,000; in counties of less than 
5,000 inhabitants, $25,000. This bond makes the treasurer responsi- 
ble for all moneys coming into his hands as treasurer. No treasurer 
shall hold office longer than two terms in succession. 

County Clerk. — This officer gives bond in a sum of not less 
than $5,000, to be fixed and approved by the board of county com- 
missioners. He has authority to appoint a deputy, w r ho shall be- 
come county clerk in case of vacancy in the office of clerk, until a 
successor is appointed by the board of county commissioners. The 
appointment of the board holds only until a successor can be elected. 
The county clerk shall keep his office at the county seat; shall attend 
all sessions of the board of county commissioners; shall keep the 
seal, records, and papers of the board ; shall sign all records of their 
proceedings, and attest the same with the seal of the county. He 
shall also attest orders for payment of money, and preserve and file 
all accounts acted upon by the board. The clerk shall state, upon 
every account audited and allowed by the board, the amount so al- 
lowed. He shall deliver certified copies of his records on receiving 
from the person demanding same ten cents for every folio (one 
hundred words). No order shall be attested unless directed by the 
board of county commissioners, signed by the chairman, and such 
order shall be numbered, and the date, amount, and number entered 



58 OKLAHOMA CIVIL GOVERNMENT 

in a book. No account shall be paid unless presented within two 
years after the same became due; provided, that in case of disability, 
the time shall be extended until one year after the disability shall be 
removed. The clerk shall send to the state auditor a certified state- 
ment of the names and boundaries of townships in the county. He 
shall keep record of the proceedings of the board of county commis- 
sioners relating to roads. He shall also keep in a separate book all 
receipts and expenditures of the county, and all accounts with the 
different county, township, district, and other officers. In keeping 
the accounts of the county treasurer, all charges, credits, entries, 
funds and items shall be stated separately. The clerk shall assess, 
at a fair value, all property which the township assessor has failed to 
assess. All receipts for money paid to the treasurer must be coun- 
tersigned by the clerk. On or before the third Monday of June, the 
county clerk shall make out an abstract or statement in detail of all 
property listed for taxation. Said abstract shall be transmitted to the 
state auditor without delay. On or before the third Monday of July 
each year, the clerk shall make out, and forward to the state auditor, 
a financial exhibit of his county for the preceding year, ending June 
30th. This statement must show in detail the financial condition 
of the county. Before any treasurer goes out of office and his suc- 
cessor takes office, the clerk, together with the county commission- 
ers, shall examine and check over the accounts of the treasurer, 
and if correct they shall endorse their approval on his report. If 
a county warrant remains unclaimed for a period of three years, it 
shall be cancelled. On the fourth Monday of January each year, 
the clerk shall prepare, and file with the secretary of state, a list of 
officers elected atthe last preceding general election, which list shall 
contain the genuine signatures of all county officers, and he shall 
certify that they were made in his presence; provided, that in case 
of vacancy in any office, the signature of the successor shall at once 
be sent to the secretary of state. Failure to comply with these pro- 
visions is made punishable by fine. The clerk shall furnish annu- 
ally to the assessors, township and school officers, suitable blanks 
and books to be filled out, and filed with him. 

Register of Deeds. — This officer gives bond in the sum of $5,000, 
to be approved by the county clerk. He may appoint a deputy, who 
shall execute bond in the sum of $2,000. He shall have the care of 
all books, records, deeds, maps, papers, and fixtures deposited in 
his office. He shall keep a seal, and, together with his signature, 
attach it to all papers filed or recorded in his office, and, when 
requested, he shall make certified copies. He shall enter in alphabet- 
ical order, m the direct index of deeds and mortgages, the names 
of grantors, and in the inverted index, the names of grantees, and 
if any instrument has been released or discharged according to law, 
he shall immediately note the fact on the record. He shall keep a 
book, in which shall be platted all maps of cities, towns, vil- 
lages or additions to same, cemeteries, and other plats, together 
with all writing thereon, and file the original plat in his office. He 



THE COUNTY 59 

shall also keep a book in which shall be stated the names of grantor, 
grantee, nature of instrument, year, month, day, hour, and minute 
when same was received by him, fee for recording same, and to whom 
instrument was delivered. He shall keep an index of instruments 
affecting personal property, and all instruments shall be numbered, 
filed, and kept in his office. When an instrument is released or can- 
celled, the register shall note the same. He shall keep an index, re- 
lating to the tracts of land in the county. When an instrument is filed 
for record, the register shall immediately note on it the year, month, 
day, hour, and minute of receiving same. He shall enter the same on 
the receiving book, and as soon as practicable record the instrument 
in the proper record, enter it in the proper indexes, and over his signa- 
ture and seal, .note the book and page on which it is recorded. 

County Surveyor. — This officer shall make surveys of all lands 
in the county, when requested and paid by individuals, or upon request 
of the district or county courts, and board of county commissioners. 
His field notes and plats shall be transcribed in a book, when re- 
quired by the board of county commissioners, and said book shall be 
kept in the office of the county clerk. All surveys are held to be pre- 
sumptively correct. The surveyor has authority to administer an 
oath to any person, concerning the location of any object or mark 
connected with the survey. When ordered by the board of county 
commissioners, he shall make complete surveys, plans, specificar 
and estimates for all bridges, culverts, roads, ditches, and other public 
works built by the county, shall superintend the construction of such 
work, and shall make report to the board of county commissioners. 
He decides questions of disputed boundaries and a dissatisfied party 
may appeal to the district court. Costs of making surveys shall be 
apportioned among the land owners interested. The surveyor shall 
receive fees, to be paid out of the county treasury, for all work re- 
quired of him by law. 

Superintendent of Public Instruction. — This office was treated 
at length in the chapter on "The School." 

Clerk of the District Court. — This officer keeps the records, 
papers, and proceedings of the district court, and all indictments, 
informations and bonds. He attends all sessions of the district court, 
and issues writs, papers, and process ordered by it. In counties of 
less than 10000, he acts as register of deeds. 

Clerk of the County Court. — The county judge may appoint a 
clerk of the county court in all counties of the state, having a popu- 
lation of more than 10,000 people, subject to the approval of the board 
of county commissioners. The clerk has power to issue marriage 
licenses, process, and notices from the county court, and performs 
other duties similar to those of clerk of the district court. 

County Stenographer. — The judge of the county court may ap- 
point a stenographer, who shall be cx-ofdcio clerk of the county court. 
He takes an oath, and holds office during the pleasure of the county 
judge. 

Reporter of the District Court. — This officer is appointed by the 



60 OKLAHOMA CIVIL GOVERNMENT 

district judge. He must be an expert stenographer. He takes down 
in shorthand and transcribes the evidence given in the district court. 

County Weigher. — This officer gives bond in the sum of $1,000. 
He weighs all cotton, grain, livestock, hay, cotton-seed, and wool, 
and makes a record and certificate of weights. 

Highway Engineer. — The county commissioners mav appoint 
this officer. His duties are similar to the surveyor's. 

County Assessor. — This officer decides how much one's property 
is worth for purposes of taxation. This is called "assessing property." 
Property is assessed at its fair cash value. He delivers his lists 
to the county board of equalization and is secretary of said board. The 
county board consists of the county commissioners. The assessor 
makes out the tax rolls and delivers them to the treasurer. He re- 
ceives as salary from three-fourths of a cent to five cents per hundred 
dollars of assessed valuation. 

Superior Judge. — There is a judge of the superior court in every 
county having a population of thirty thousand people, and a city of 
eight thousand. His duties are similar to the district judge. He 
appoints a clerk of his court. The judge's salary varies from $2,800 
to $3,000 per year. 

County Superintendent of Health is appointed by the state su- 
perintendent of health for a term of two years. Has general super- 
vision of health conditions in the county. 

Suggestive Questions 

1. What is the legislative body of the county? Name the lawmakers 

in your county. 

2. What are some things legislated about in the county? 

3. Describe the impressions left on travelers through the county. 

4. What is the chief executive officer of the county? Name his 

duties and salary. 

5. Who is the county judge of your county? What are his duties? 

6. Who keeps the records of the county? 

7. What is a writ? a judgment? a marriage license? 

8. Who is register of deeds of your county? Name his duties. 

9. What makes the office of county attorney so important? 

10. Why does the county need a county surveyor? 

11. Define the duties of (a) district judge; (b) county judge; (c) 
county commissioners; (d) sheriff; (e) coroner; (f) attorney; (g) 
treasurer; (h) clerk; (i) register of deeds; (j) surveyor; (k) clerk 
of the district court; (1) clerk of the county court; (m) county 
stenographer; (n) reporter of the district court; (o) weigher; (p) 
engineer; (q) assessor; (r) superior judge; (s) clerk of superior 
court. 

Questions for Debate. 

1. Resolved, That county roads should be worked by taxation. 

2. Resolved, That there should be an agricultural experiment sta- 

tion in each county. 



CHAPTER IX 

THE VILLAGE AND CITY 

Sweet Auburn, loveliest village of the plain, 
Where health and plenty cheer'd the laboring swain; 
Where smiling spring its earliest visit paid, 
And parting summer's lingering blooms delayed. 
Dear lovely bowers of innocence and ease, 
Seats of my youth when every sport could plea- 
How often have I loitered o'er thy green, 
Where humble happiness endeared each scene! 

Ill fares the land, to hastening ills a prey, 
Where wealth accumulates, and men decay. 
Princes and lords may flourish or may fade, — 
A breath can make them, as a breath has made; 
But a bold peasantry, their country's pride, 
When once destroy'd, can never be supplied. 

Goldsmith, "The Deserted I 'Mage." 

How They Arise. — For many reasons, people come to- 
gether and form villages and cities. Needing stronger 
defense of property, and seeing they can secure better 
advantages if they legally band together, special laws of 
incorporation are asked. 

Legislative Body and Duties. — In the village the legis- 
lative function rests in a body called trustees, or council, 
from three to seven in number. They are elected by the 
voters of the village, for terms of from one to four years. 
Their chief business consists in passing laws governing 
streets, lights, water-works, police, public health, and public 
buildings. They appoint minor officers, such as clerks, 
policemen, wardens of cemetery, and members of fire de- 
partment. 

Executive of the Town. — The marshal or policeman is 
an executive officer, largely an aid to court in his duties, 
being clothed with the same power as the constable of the 
township or civil district. 

61 



62 OKLAHOMA CIVIL GOVERNMENT 

The Town Judge. — The judicial officer of the village or 
town is the mayor, who acts as police judge. He tries 
minor offenses, and holds examining trials of higher crimes. 

All Cities Have a Mayor and Council. — As population 
increases, cities arise, and of course government becomes 
more serious. All cities have a mayor and a council. 

Mayor. — The mayor is the executive head and chief of- 
ficer of the city. His duties vary. In some cities he appoints 
the heads of departments and removes them at pleasure. 
He has the right to veto acts of the city council, and it re- 
quires a two-thirds vote to pass over his veto. He is 
usually a member of important departments, and in the 
main controls their action. He presides at council meet- 
ings, and can vote in case of a tie. Due to local condi- 
tions, or no legislative restraint, no man in America 
approaches nearer dictatorship in governmental affairs 
than the mayor in many of our cities. 

City Council or Legislature. — The legislative department 
of a city sometimes consists of two bodies: the common 
council, and board of aldermen ; often of a single body called 
by one of these names. They legislate as to what paving is 
needed; streets to be lighted; street railways to be built; 
sewers to be placed; museums, libraries, and parks to be 
built ; all matters relating to police, public schools, care of 
poor, taxation to meet expenditures, public health, etc. 

Some Other Officials. — There is a City Treasurer, who 
receives money for the city and pays it out on warrants 
from the auditor. 

The City Auditor stands guard over the treasury, his 
signature being required on all orders for payment of 
money. No wonder that this post is one which in large 
cities wrong often overtakes, because where one man 
controls millions at the stroke of a pen, great temptations 
lie in wait. 

The Police Department requires as its head a police 
commissioner, with its captains, sergeants, and patrolmen* 
They keep order in the city. 



THE VILLAGE AND CITY 63 

The Board of Education, consisting of five or more mem- 
bers, attends to the public-school interests. In a city like New 
York, they expend forty millions of dollars annually. 

The Public Hospitals, Asylums, Poor-houses, etc., are under 
the control and management of a commissioner of public 
charities. 

Assessors and Collectors compose another department of 
city taxes. 

The Water Department has control of reservoirs, aque- 
ducts, water mains, and sewers. 

The Fire Commissioner has an army of fire fighters under 
his control. 

There is a Department of Public Health that sees that 
houses, districts, and people are kept free from filth and 
disease. Men of medical skill and training are employed 
in this department. 

Who Elects. — The mayor and members of the city coun- 
cil are elected by the qualified voters of the city. The 
other officers are generally appointed by the mayor. 

Commission Form of Government. — This form of city 
government originated in Galveston, Texas, after the tidal 
wave. With slight modification, it has been adopted in 
many cities. It provides for a commission of three or five 
men, elected by the voters of the entire city, instead of by 
wards. Each commissioner is the head of one or more de- 
partments. He appoints all subordinates of that depart- 
ment, and is directly responsible to the people for the 
conduct of his department. There can be no shifting of 
responsibility for any failure of duty. In Des Moines, 
Iowa, in city elections, party emblems are abolished, and 
the ballot contains only the name of the candidate, with 
the office for which he runs. The commission form of gov- 
ernment is an effort to get away from what is known as 
the "ward system," and to secure men of the best business 
qualifications to act as commissioners. 

Cities are Strange Growths. — From earliest times, cities 
have been the pride and scourge of the earth. Into them. 



64 OKLAHOMA CIVIL GOVERNMENT 

commerce has poured its gold, agriculture has swept her 
products, mining has dumped her ores, and manufacture has 
been a loyal slave. 

Sources of Weakness. — Centered wealth and power, 
with man's nature to yield to temptation, bring cities to shame. 
New York's mayor controls more money directly than the 
president of the United States. One councilman in Boston 
represents more people than any two congressmen in many 
states, and he can walk about his district in two hours. 

Present Conditions and Future Hope. — 'Within the last 
few years the world has been amazed by revelations and 
exposures of vicious city officials. But behind every ex- 
posure is a reformer. Back of every reformer is a body of 
people who love civic righteousness, and here gleams the 
light of hope, — hope that some day a way will be opened 
by which the nation's political fens — its cities — will be 
cleared by clean ballots of their liquor-bloated politicians, 
their vote-selling thugs, their dangerous rich. Then the 
city will cease to be a menace to the state and nation, and 
righteous government will have won its final and grandest 
success. 

Towns and Villages in Oklahoma 

Organization; Procedure. — In order to become organized as a 

town, a census is taken and a plat made of the proposed town. The 
application must be signed by not less than one-third of the qualified 
voters. The board of county commissioners fixes a time for a meeting 
of the qualified voters to decide whether the town or village shall be- 
come incorporated. Three inspectors are selected to conduct the elec- 
tion. If a majority of the voters vote in favor of incorporating, a 
report, called "return," shall be made to the board of county com- 
missioners, who declare the town incorporated. The inspectors then 
divide the town into not less than three nor more than seven districts, 
and give notice of the first election of officers, who are: one trustee 
from each district, clerk, treasurer, and justice of the peace. After 
the first election, all officers shall be elected every yearupon the first 
Monday in May. Trustees have power to fill all vacancies by appoint- 
ment, and, in case of a trustee, from the same district in ^ which the 
vacancy occurred. The board of trustees shall elect a president from 
their own body; and all officers take an oath. 

Powers of Towns and Villages. — After organization or incor- 
poration, a town has many powers which an unorganized town does 



THE VILLAGE AND CITY 65 

not have. It has power to have a common seal; to purchase and hold 
property; to take all necessary steps for protection from tires; to pro- 
vide for water-works; to regulate gambling and disorderly houses; to 
prohibit running at large of stock; to improve and grade streets; to 
plant trees; to provide for a cemetery; to assess annual taxes, and fines 
for violations of law ; to authorize the construction and maintenance 
of street railways; to make by-laws and rules for carrying into effect 
any of the powers given by law. 

The board of trustees shall, before the third Tuesday in May, de- 
termine the amount of general tax for the next year. Taxes are col- 
lected by the county treasurer. All officers receive such pay as the 
board of trustees shall decide. 

How Town or Village May Be Dissolved. — It frequently hap- 
pens that after a town or village is incorporated, the burdens are too 
great, — it costs too much to have town government. — or other reasons 
make it necessary to dissolve. This may be done at an election, at 
which the voters shall vote upon the question. Within six months from 
the time of election, the town or village corporation shall cease, and 
its property shall be disposed of in such way as the majority of the 
voters may decide. 

Cities of the First Class 

Organization. — In Oklahoma, all cities, towns, villages, or com- 
munities of people, having a population of twenty hundred inhabitants, 
may, by proclamation of the governor, become cities of the first 
Before the governor makes proclamation, however, a petition signed 
by thirty-five per cent of the voters shall be filed with him. This 
petition must be verified by affidavit of at least one person, stating 
that the signatures to the petition are genuine. The governor then 
calls an election, at which the people shall vote upon the question of 
becoming a city of the first class, and elect officers. If a majority 
vote in favor of the change, the governor shall issue a proclamation 
declaring the fact. 

Powers. — All cities of the 'first class are bodies politic, that is. 
they have a political organization and status: have the power to sue 
and" be sued; to purchase, hold, and sell real and personal property: to 
do all other things necessary to the good government of the ci: 
have a seal; and to exercise such other powers as may be given by law. 
All of these powers are exercised by a mayor and council, except 
where cities proceed under Article XVIII of the constitution to adoot a 
different form of government, or the people proceed through the initia- 
1 tive and referendum to pass or repeal laws by direct vote. The ques- 
tion, however, of whether a city can, under Article XVIII, abolish 
city government by a mayor and council is a debatable one. and must 
« be decided by the courts. It was evidently the intention of the framers 
i of the constitution to give the voters of cities such power. 

I Election; Officers. — Officers are elected on the first Tuesday in 
April every two years, commencing with the year 1909. They are: a 
mayor, city clerk, police judge, city treasurer, city attorney, city mar- 
shal who shall be chief of police, treasurer of the school board, street 
, commissioner, and two councilmen and two members of the school 



G6 OKLAHOMA CIVIL GOVERNMENT 

board from each ward. Other officers may be provided by ordinance. 

Mayor. — This officer presides at all meetings of the council, and 
exercises superintending control over the affairs of the city. He signs 
all commissions and appointments of officers, and all orders and war- 
rants drawn on the treasurer; he may veto any ordinance, which, 
however, may be passed over his veto by a vote of two-thirds of the 
members of the council elected; he shall send to the city council from 
time to time his recommendations for the well-being of the city; may 
require any officer to exhibit his accounts; may call upon every male 
person in the city over the age of eighteen years and under the age of 
fifty years, to aid in enforcing the laws; shall have the power to par- 
don, and remit fines; may suspend all city officers against whom 
charges are tiled, until the mayor and council can act on the case. In 
cases of a vacancy in the office of mayor, the president of the council 
shall act as mayor. 

Council. — The council meets not less than once a month. Spe- 
cial meetings may be called by the mayor upon request of three mem- 
bers. The mayor and council have the care, management, and control 
of the city and its finances, and have power to pass any ordinance not 
repugnant to the constitution or laws of the United States or of the 
state. They shall divide the city into not less than four wards, and 
there shall be two councilmen from each ward. 

Suggestive Questions 

1. What brings towns and cities into being? : 

2. Tell how a village is governed. 

3. What officers do city governments kave? 

4. Give the duties of the mayor in a large city. 

5. Why is he given so much power, and is this right? 

6. What is the legislative body in such cities as New York, St. Louis, 

and Oklahoma City? 

7. What are some other officers of the city, and their main duties? 

8. Tell the story of mismanagement and corruption in some cities of 

this country. 

9. Why are cities so hard to govern well? 

10. What will purify them at last? 

11. How may a town become organized in Oklahoma? 

12. Into how many districts is a town government divided? 

13. What officers are elected, and when are elections held? 

14. How are town elections conducted? 

15. What are the powers of towns and villages in Oklahoma? 

16. How may a town or village be dissolved? 

17. How may a town or village become a city of the first class? 

18. What are the powers of a city of the first class? 

19. What are the powers of the city council? 

20. Define commission form of government. 

Question for Debate 

Resolved, That the so-called commission form of city government is 
best. 



CHAPTER X 



THE STATE % 

What constitutes a state? 
Not high-raised battlement or labor'd mound. 

Thick wall or moated gate; 
Not cities proud with spires and turrets crown'd, 

Not bays and broad-arm'd ports, 
Where, laughing at the storm, rich navies ride; 

Not starr'd and spangled courts. 
Where low-brow'd baseness wafts perfume to pride. 

No: men, high-minded men, 
With powers as far above dull brutes endued 

In forest, brake, or den, 
As beasts excel cold rocks and brambles rude. — 

Men who their duties know, 
But know their rights, and knowing, dare maintain, 

Prevent the long-aim'd blow, 
And crush the tyrant while they rend the chain : 

These constitute a state; 
And sovereign Law, that state's collected will. 

O'er thrones and globes elate. 
Sits empress, crowning good, repressing ill. 

Sir William Jones. 



SONG, OKLAHOMA 

I give you a land of sun and flowers 

And summer the whole year long: 
I give you a land where the golden hours 

Roll by to the mocking-bird's song. 
Where the cotton blooms 'neath the southern sun ; 

Where the vintage hangs thick on the vine, 
A land whose story is just begun, 

This wonderful land of mine. 

thorns: Oklahoma! Oklahoma! fairest daughter of the West; 
Oklahoma! Oklahoma! 'tis the land I love the best. 
We have often sung her praises, 
But we have not told the half; 
So I give you "Oklahoma," 
'Tis a toast we all can quaff. 

67 



68 OKLAHOMA CIVIL GOVERNMENT 

A land where the fields of golden grain, 

Like waves on a sunlit sea, 
As it bends to the breezes that sweep the plain, 

Waves a welcome to you and me. 
Where the corn grows high 'neath the smiling sky; 

Where the quail whistles low in the grass, 
And fruit trees greet with a burden sweet, 

And perfume the winds that pass. 

Harriet Parker-Camden. 



State Constitution. — Every state has a government of 
its own. It has a constitution which is adopted by the 
people of the state. This constitution is the fundamental 
law of the state. It can contain nothing, however, which 
is contrary to the provisions of the federal constitution. 
The constitution of a state is formed usually by the peo- 
ple of the state electing delegates to a convention. This 
convention makes the constitution and the people then 
vote upon it, and ratify or reject it. 

Constitution to be Republican in Form. — This constitu- 
tion must be republican in form, for the federal consti- 
tution provides that each state shall have a republican 
form of government. Just what this means has not been 
defined clearly, but it may be said to be a government di- 
vided into three departments, — where the people are gov- 
erned by representatives chosen by them. These depart- 
ments are the legislative, executive, and judicial. 

Parts of Constitution. — Every state constitution is sim- 
ilar to the federal constitution. It is divided into articles, 
each article having reference to a particular subject. The 
constitution of the state of Oklahoma contains the follow- 
ing articles, in addition to a preamble, which states the 
objects of government: 

Distribution of the powers of government into the three 
departments above mentioned. 

Bill of Rights, which contains a statement of the in- 
herent rights of individuals, in addition to such rights as 
are guaranteed under the federal constitution. 



STATE GOVERNMENT 69 

Articles on Federal Relations; Suffrage; Impeachment 
and Removal from Office; Corporations; Revenue and 
Taxation; State and School Lands; Homestead and Ex- 
emptions; Education; Banks and Banking; Oath of Office; 
Public Roads, Highways, and Internal Improvements; 
Counties; Municipal Corporations; Insurance; Manufac- 
ture and Commerce; Public Institutions; Alien and Cor- 
porate Ownership of Land; Miscellaneous Provisions; 
Constitutional Amendments ; and Schedule. 

YYe will examine these articles (twenty-four in num- 
ber) in their order. 

ARTICLE I FEDERAL RELATIONS 

Enabling Act. — The enabling act provided that the peo- 
ple of Oklahoma Territory and Indian Territory might form 
a state under certain conditions. These conditions had to be 
complied with, or we never could have become a state. Our 
admission as a state, therefore, was a solemn contract, except 
that congress had no power to provide for the location of the 
capital at Guthrie. We accepted the conditions of the en- 
abling act, and put these provisions in our constitution in 
Article I. In this Article is declared: 

First. — That the state of Oklahoma is an inseparable 
part of the federal union, and that the constitution of 
the United States is the supreme law of the land. 

Second. — That every one should have a right to his or 
her religious belief; that no religious test should ever be 
required as a qualification for office; and that polygamous, 
or plural, marriages should be prohibited. 

Third. — The state disclaims, and the federal govern- 
1 ment retains, all right and title to any unappropriated 
public lands in the state, and to all lands owned or held 
by any Indian, tribe or nation; and that the same shall 
remain subject to the control of the United States until its 
title shall be extinguished by the United States. 

Fourth. — Lands belonging to the citizens of the United 
States outside of the state shall never be taxed at a higher 



TO OKLAHOMA CIVIL GOVERNMENT 

rate than lands belonging to citizens of the state; and 
property owned by the United States shall not be taxed. 

Fifth. — The debts of the territory of Oklahoma are to 
be paid by the state of Oklahoma. 

Sixth. — A system of public schools, to be conducted in 
English, shall be provided for; and separate schools may 
be maintained for white and colored children. 

Seventh. — The state shall never enact any law restrict- 
ing or abridging the right of suffrage on account of race, 
color, or previous condition of servitude. This has reference 
to the fifteenth amendment. 

Eighth. — The manufacture, sale, or furnishing of liquor 
within that portion of the state formerly Indian Territory 
is prohibited for a period of twenty-one years. Permis- 
sion is given, however, for the legislature to establish an 
agency for the sale of liquor in each town of over two 
thousand people, where sales may be made for medical 
purposes only, upon prescription of a physician. These 
provisions of the constitution are not applicable to that 
portion of the state formerly Oklahoma Territory. 

ARTICLE II BILL OF RIGHTS 

Its Province. — The bill of rights is contained in Article 
II. It is an enumeration of rights guaranteed to every 
citizen of Oklahoma, and they are in addition to those 
guaranteed every citizen under the first eight amendments 
to the federal constitution. No law can be passed by the 
state legislature, nor any act committed by any person, 
which in any way infringes upon any of these rights. 
Prominent among them, wherein they differ materially 
from the federal constitution, and other state constitu- 
tions, are the following: 

Personal Attention to Duties. — Every officer elected or 
appointed shall give personal attention to the duties of 
his office. 



STATE GOVERNMENT 71 

Information; Indictment; Grand Jury. — A person may 
be prosecuted by information ; that is to say, when a per- 
son is charged with crime, the county attorney may file a 
paper called an information, charging the person with an 
offense, and that person may be brought to trial upon it. 
A grand jury has nothing to do with an information. An 
indictment is always found by a grand jury, which in this 
state consists of twelve men, any nine of whom may find 
an indictment, or "true bill/ 9 The grand jury may meet 
upon order of the judge or upon petition of one hundred 
resident taxpayers. 

Trial of Cases; Verdict. — In the trial of civil cases 
(which mean all cases not criminal), and in criminal cases 
for the trial of misdemeanors, three-fourths of the jury may 
render a verdict. In many states, all the jurors are required 
to concur. 

Libel; Definition. — A person cannot be convicted of 
libel if what is written or published is true. Libel is the 
malicious writing or publishing of an untrue statement 
about another. 

Levees, Drains, and Ditches. — A person may build a 
drain or ditch across the lands of another without his con- 
sent, where the ditch or drain is to be used for agricul- 
tural, mining, or sanitary purposes. In this connection, 
attention is directed to Section 3 of Article XVI, which pro- 
vides that the legislature shall regulate levees, drains, ditches, 
and irrigation, and that a person who is benefited by them may 
be compelled to contribute toward their construction. These 
two provisions are exceedingly important to farmers, and are 
,not, we believe, to be found in any other constitution. 

Contempt; Definition. — "In no case shall a penalty or 
punishment be imposed for contempt until an opportunity to 
be heard is given." Contempt is where one willfully disobeys 
an order of a competent court. No person can be convicted of 
violating an order of injunction, when not in the presence of 
the court, without a trial by jury. This provision is not to be 
found in any other constitution, and is designed to safeguard 



72 OKLAHOMA CIVIL GOVERNMENT 

the rights of the individual. An injunction is an order of a 
competent court, commanding or prohibiting the commission 
of an act. 

Evidence Tending to Establish Guilt of Another. — A 
person may be compelled to give evidence tending to establish 
the guilt of any other person or corporation, even though that 
evidence may tend to incriminate him ; but no person giving 
such evidence can be prosecuted on account thereof. In this 
connection, it is well to consider the provisions of section 
twenty-one of the bill of rights, and the fifth amendment to 
the federal constitution, which provide that no person shall 
be compelled to be a witness against himself. 

Corporations ; Open to Inspection. — The records, books, 
and files of corporations shall at all times be subject to in- 
spection, under authority of the state. See also subdivision, 
"Corporations," page 113. 

No Person to be Transported Out of State. — No person 
shall be transported out of the state for any purpose without 
his consent, except as may be provided by law. 

State May Engage in Business. — The state may engage 
in any occupation or business for public purposes, except it 
shall not engage in agriculture for any other than educational 
or scientific purposes. 

Other Provisions. — Other provisions are as follows: 

All political power is declared to be inherent in the peo- 
ple, and they have the right to alter or amend their govern- 
ment, provided the latter be not repugnant to the constitu- 
tion of the United States. All persons have the inherent right 
to life, liberty, and the pursuit of happiness; and the right 
to peaceably assemble, and petition for the redress of 
grievances. No power, civil or military, shall interfere to pre- 
vent the fre$ exercise of the right of suffrage. Public money 
shall not be appropriated for any church or preacher; the 
courts shall always be open; no person shall be deprived of 
life, liberty, or property without due process of law ; excessive 
bail shall not be required ; nor cruel and unusual punishment 
inflicted. The privilege of the writ of habeas corpus shall 



STATE GOVERNMENT 73 

never be suspended. No member of congress or person hold- 
ing any office of trust under the laws of another state, or of 
the United States, shall hold any office in this state. Imprison- 
ment for debt is prohibited, and the military shall be held in 
strict subordination to the civil authority. Ex post facto laws, 
bills of attainder, and laws impairing the obligation of con- 
tracts shall not be passed. In courts of record, other than the 
county court, a petit jury shall consist of twelve men, but in 
county courts and courts not of record, the jury shall consist 
of six men. In civil cases, and in cases less than felony, three- 
fourths of the jury may render a verdict. In felony cases, the 
whole numbtr of jurors must concur in order to render a ver- 
dict. When the verdict is rendered by less than the whole 
number, if shall be signed by each juror concurring therein. 
The accused shall have the right to a speedy public trial, by 
an impartial jury of the county where the crime shall have 
been committed, and shall be confronted with the witnesses 
against him. No private property shall be taken for private 
use, unless by consent of the owner, except for private ways 
of necessity, or for drains and ditches. Search-warrants shall 
only issue upon probable cause, supported by oath. Monop- 
olies are prohibited. 

ARTICLE III SUFFRAGE 

How Right is Regulated. — Suffrage means the right to 
vote. The federal constitution contains nothing upon this 
subject, except that contained in Article I, Section 2 ; Article 
IV, Section 2 ; Amendment XIV, Section 1 ; Amendment 
XV. Prior to the passage of the XlVth Amendment negroes 
could not vote. The XVth Amendment provides that the 
right to vote shall not be denied "on account of race, color, 
or previous condition of servitude." The last provision does 
; not give to any one the right to vote. It merely means that 
citizens of the United States shall be exempt from any dis- 
crimination on account of their race, color or previous condi- 
tion of servitude. The powers of the states upon all other 
grounds remain complete. 



74 OKLAHOMA CIVIL GOVERNMENT 

If the right to vote belongs to any particular person, it is 
because such person is entitled to it by the laws of the state 
where he offers to vote, and not because of citizenship in the 
United States. 

Qualifications of Electors. — Our constitution provides 
that the qualified electors of this state shall be male citizens 
of the United States, and of the state, or male persons of 
Indian descent, native of the United States, who are over the 
age of twenty-one years, who have resided in the state one 
year, in the county six months, and in the election precinct 
thirty days next preceding the election at which any such 
elector offers to vote. 

Disqualifications. — No person convicted of a felony 
after the adoption of the constitution, unless granted the 
right by the governor or other proper authority; no person 
while kept in a poor-house, or other asylum at public ex- 
pense, except federal and confederate ex-soldiers ; no person 
in a public prison; nor any idiot or lunatic, — shall be en- 
titled to vote. 

Members of Army or Navy; Right to Vote. — For the 
purpose of voting, no member of the army or navy of the 
United States shall gain a residence in the state by reason of 
being stationed in the state ; nor shall any such person lose 
a residence in the state while absent from the state in the 
military or naval service of the United States. 

Right to Vote ; Females ; School Elections.— Until other- 
wise provided by law, female citizens possessing like qualifi- 
cations of male electors shall be entitled to vote at school 
elections. 

Election Board ; Direct Vote for Senators. — The legisla- 
ture is given power to provide for the creation of an election 
board, not more than a majority of the members to be se- 
lected from the same political party; shall provide for all 
elections ; and at the time the federal constitution shall per- 
mit the election of United States senators by direct vote of 
the people, the legislature shall provide for their election as 
for the election of governor. 



STATE GOVERNMENT 75 

Mandatory Primary. — The legislature is directed to pro- 
vide for a direct primary nomination of all candidates for 
office by political parties. 

Elections; Vote by Ballot; Registration. — The people 
shall vote by ballot, and the legislature is directed to provide 
for the manner of election and for the registration of 
electors. When registration is required, no person shall 
vote except he be registered according to law, nor shall any 
person be registered or allowed to vote except he be able to 
read and write any section of the constitution ; provided, that 
this clause shall not apply to any person, or the descendant 
of any person, who, on January 1, 1866, was entitled to vote. 
This is the so-called "Grandfather clause/' (See p. 88 and 
const, sec. '46a.) 

Elections ; Limitations on Civil and Military ; Privilege 
from Arrest. — Elections shall be free and equal. No power, 
civil or military, shall ever interfere to prevent the free exer- 
cise of the right to vote ; and electors shall, except for treason, 
felony, or breach of the peace, be privileged from arrest dur- 
ing their attendance on elections, and while going to and 
from the same. 

ARTICLE IV DISTRIBUTION OF POWERS 

Legislative, Executive, Judicial. — Our state govern- 
ment is divided into three departments ; namely, the legislative, 
or lawmaking; the executive, or law-enforcing; the judicial, 
or law-interpreting. These departments under our constitu- 
tion shall remain separate and distinct, and neither shall exer- 
cise the powers belonging to either of the others. 

ARTICLE V — LEGISLATIVE DEPARTMENT 

How the Legislature Does Business. — Each house meets 
apart from the other. It meets in a large hall at the capitol 
of the state. The meeting-place of the senate is called the 
"senate chamber"; that of the house, the "hall of the house 
of representatives. " Each member has a desk. These desks 
are arranged in a half-circle about the desk of the presiding: 
officer. Each house has several officers and employes, which 
are either elected by each house or appointed by the presiding 
officer. 



76 OKLAHOMA CIVIL GOVERNMENT 

Party Caucus. — The democrats and republicans of each 
house meet separately in caucus the night before the legis- 
lature meets. A chairman is selected, and this chairman 
continues to act as chairman at all "party caucuses" held 
during the session. Whenever any bill comes up for passage 
which involves a party principle, or upon which the party 
wishes to go "on record," a caucus is held, the bill or matter 
is discussed, and the caucus determines what action shall be 
taken. This is called a "party caucus." When the bill 
comes up in either house, the members usually vote as the 
caucus instructed them. 

The first caucus, which is held the night before the legisla- 
ture meets, decides what persons will be voted for the next 
day, and the political party which has the majority elects 
those persons as officers and employes. The election of of- 
ficers and employes is usually simply a ratification of every- 
thing done beforehand in the party caucus. 

Employes of the Legislature. — The employes of each 
house, with their duties, are as follows: 

The head employe of each house is the Secretary of the Sen- 
ate, and Chief Clerk of the House. This officer has charge of 
all the other employes in each house ; sees that they attend to 
their duties ; signs all official communications ; prepares and 
signs the journal of each day's business; and performs such 
other duties as from time to time he may be instructed to per- 
form by the proper house. He has one or more assistants. 

The Reading Clerk is a man with a loud voice. He must 
read everything loud enough for all members to hear. When 
the roll is called, in order that the yeas and nays may be 
taken, he has a sheet of paper, with the name of each mem- 
ber printed upon it, called the "roll," and he marks on it 
how each member votes. This is called "calling the roll," 
and a member, when his name is called, votes "yea" or "nay." 
The names of members on the roll are arranged in alpha- 
betical order, as "Allen," "Baker," "Carter," etc. The read- 
ing clerk usually has an assistant. 



STATE GOVERNMENT 77 

There is a Journal Clerk, whose duty it is to prepare the 
journal each day, under the supervision of the secretary or 
chief clerk. This journal is read every morning at the open- 
ing of each day's session, and tells what was done the day 
before. If there is any mistake, a member states his objec- 
tions when the journal is read. The journal is usually 
printed, and placed upon the desk of each member before the 
hour of meeting. 

There is a Calendar Clerk. His duty is to prepare the cal- 
endar. The calendar states the order in which bills will be 
considered during that day, and for two or three days in ad- 
vance. The calendar is usually printed, and is placed upon 
the desk of each member every morning. 

The Sergeant-at-Arms keeps order, and announces when- 
ever a message is received from the other house, or from the 
governor, or whenever any high public official visits either 
house. He purchases all supplies ; sees that members have ink, 
writing-paper, laws, etc. He has one or more assistants. 

There is a Chief Enrolling or Engrossing Clerk, with one or 
more assistants. Their duty is to copy with pen and ink, in 
a good hand on large sheets of paper, all bills and resolutions 
which have been ordered enrolled or engrossed. 

There are a number of Committee Clerks. These clerks 
attend to all business of the committees to which they are 
assigned. 

There is an Official Reporter and several stenographers. 

The presiding officer usually has a Private Secretary. 

There is a Doorkeeper, with one or more assistants ; also a 
Postmaster and Assistant Postmaster. 

The Chaplain opens each session with prayer, all the mem- 
bers usually rising. 

There are several Pages. These positions are filled by 
boys. Their duties are to attend all sessions, run errands, 
carry messages and bills to and from members and the pre- 
siding officer. 

Committees, and the Passage of Bills. — The business of 
each house is done mostlv bv committees. There is a com- 



78 OKLAHOMA CIVIL GOVERNMENT 

mittee for every subject of legislation, as, committee on "Cor- 
porations," "Banking," "Counties," etc. Each committee 
consists of a chairman, and two or more members. When a 
bill is introduced by a member, it is read by its title, and re- 
ferred by the presiding officer to the committee having 
charge of matters to which the bill refers. This committee 
meets, discusses the bill, and reports back to the house in 
favor of or against the passage of the bill. If in favor of, 
the bill is read a second time, placed qn the calendar, and is 
brought up in regular order for third reading and final 
passage. If it passes, it is signed by the presiding officer, and 
is sent to the other house, where it takes the same course. 
After passage in both houses, the bill is presented to the gov- 
ernor for approval or disapproval, and if he approves the bill, 
it becomes a law; if he disapproves (this act being called a 
veto), the bill is returned to the house in which it was intro- 
duced, and if two-thirds of the members of each house again 
vote for the bill, it shall become a law. 

Senate and House; Powers; Officers. — The legislative 
authority is vested primarily in the people, and in a legis- 
lature (Sec. 51). The legislature consists of two branches: 
the senate, and house of representatives. The senate consists 
of not more than forty-four members, and their term of of- 
fice is four years (Sec. 63). The house consists of not more 
than one hundred and nine members, and their term of office 
is two years (Sec. 66). The state is divided until the next 
federal census into thirty-three senatorial districts. There 
is at least one representative in each county. Senators must 
be at least twenty-five, and members of the house at least 
twenty-one, years of age (Sec. 87). Members receive six 
dollars per day and ten cents per mile, as compensation, but 
after sixty days have elapsed, they receive two dollars per 
day (Sec. 91). The presiding officer of the senate is the 
lieutenant-governor, and he is called president of the senate 
(Sees. 98, 148). The senate, however, elects a president pro 
tempore, who presides in the absence of the lieutenant-gov- 
ernor (Sec. 98). The senate elects its standing committees 



STATE GOVERNMENT 79 

(Sec. 98), but the speaker appoints the committees of the 
house, as a rule. No measure shall take effect until ninety 
days after its passage, except in case of emergency (Sec. 
131). The salary of the lieutenant-governor is one thousand 
dollars per annum, while the speaker receives the regular 
compensation of other members. The succession to the gov- 
ernorship is : lieutenant-governor, president pro tempore, and 
speaker. 

Initiative and Referendum; Definitions. — This provision 
in a state constitution is comparatively new, only one state 
— Oregon — having it at the time of its adoption in Oklahoma. 
The legislative authority of a state is usually vested in a 
legislature, but in this state (Sec. 51), in addition to the power 
of the legislature, "the people reserve to themselves the po\ 
to propose laws, and amendments to the constitution, and to 
enact or reject the same at the polls independent of the legis- 
lature, and also reserve power at their own option to approve 
or reject at the polls any act of the legislature." This is a 
wise provision. The initiative is the power given the people 
to propose (Sec. 52), and the referendum is the power given 
the people to reject (Sec. 53), any legislative measure. The 
veto power of the governor does not extend to measures voted 
on by the people (Sec. 53). The initiative and referendum 
is further reserved to every county, district, and municipality, 
and the voters thereof may exercise this power with respect 
to all local matters, in accordance with the laws of the state 
(Sec. 57). This power is further reserved specially to munici- 
palities (Sec. 415). The initiative and referendum is being 
adopted by many states. 

Members; Right to Hold Office. — Yo member shall 
hold any other office during the term for which he shall have 
been elected, nor be interested in any contract authorized by 
law passed during the term for which he shall have been 
elected. 

Organization and Rules. — Each house is the judge of 
its own membership ; may determine the rules of its proceed- 



80 OKLAHOMA CIVIL GOVERNMENT 

ings; punish and expel members by a two-thirds vote; shall 
keep a journal of its proceedings ; and the yeas and nays 
shall be entered thereon upon request of one-fifth of those 
present. Neither house shall, without consent of the other, 
adjourn more than three days, nor to any place other than 
that where the legislature may be sitting. No special or local 
law shall be considered until notice shall first be published 
for four consecutive weeks in a newspaper. All bills for 
raising revenue shall originate in the house of representa- 
tives, and the senate may propose amendments to them. No 
revenue bill shall be passed during the last five days of the 
session. Every bill shall be read on three different days in 
each house; no bill shall become a law unless on its final 
passage it be read at length; and a majority is necessary to 
pass any bill. Upon final passage, the vote shall be taken by 
yeas and nays, and entered on the journal. However, the 
reading at length may be dispensed with by a two-thirds vote 
of a quorum present, which vote, by yeas and nays, shall be 
entered upon the journal. 

Powers and Duties. — The authority of the legislature 
shall extend to all rightful subjects of legislation. The legis- 
lature is given power specially to provide for a state printing 
plant and a printer ; for the establishment of a state geologi- 
cal and economic survey; for state boards of health, phar- 
macy, and a pure-food commission; for the organization of 
and maintaining the militia of the state; for the pension of 
meritorious and disabled firemen ; for the revising, digesting, 
and promulgating the statutes of the state after the year 1909. 
The legislature is required to define an unlawful combination 
or trust, and to enact laws punishing persons engaged in such 
business. It is required, further, to pass such laws as are 
necessary for carrying into effect the provisions of the con- 
stitution. 

Limitations. — Under "Powers and Duties," it is stated 
the legislature shall have power to pass laws on many sub- 
jects. However, as we have stated in defining federal and 
state powers, the legislature need have no grant of powers 



STATE GOVERNMENT 81 

from the people, but may legislate upon every rightful sub- 
ject of legislation, unless prohibited by the constitution of the 
state, constitution of the United States, or laws of the United 
States passed pursuant thereto. A grant of powers is, there- 
fore, wholly unnecessary. The legislature, however, is pro- 
hibited by the state constitution from passing laws on many 
subjects. We will now consider these limitations: 

Special or local laws relating to a variety of subjects are 
prohibited (Sec Constitution, Sec. 119). 

No officer shall be retired on pay or part pay. 

Public money shall not be appropriated for the establish- 
ment of a bureau of immigration. 

The number or compensation of employes of the legislature 
shall not be increased, except by general law, which shall not 
take effect during the session at which the law was passed. 

No property shall be exempt from taxation except as pro- 
vided in the constitution. 

No exclusive rights shall be granted to any association, 
corporation, or individual. 

No right or remedy which shall become barred by lapse of 
time or by statute of the state shall be revived. After suit 
has been commenced, the legislature shall have no power to 
take away the cause of action or destroy an existing defense. 

The indebtedness of any individual or corporation to the 
state, county, or municipal corporation shall not be released 
or extinguished. 

Miscellaneous Provisions. — No money shall be paid out 
of the treasury of the state except upon appropriation by law 
nor unless such payments be made within two and one-half 
years after the passage of the act; and every appropriation 
law shall specify the sum appropriated, and the object to 
which it is applied. The general appropriation bill shall em- 
brace nothing but appropriations for the expenses of the 
executive, legislative, and judicial departments, and for in- 
terest on the public debt. 

Acts shall embrace but one subject, which shall be ex- 
pressed clearly in their titles. 



82 OKLAHOMA CIVIL GOVERNMENT 

Emergency Measure. — An emergency measure is one 
necessary for the immediate preservation of the public peace, 
health, or safety, and shall not include the granting of a 
franchise or license to a corporation or individual, to extend 
longer than one year ; nor provision for the purchase or sale 
of real estate, nor the renting or incumbrance of real prop- 
erty for a longer term than one year. A three-fourths vote 
shall be required to pass an emergency measure over the veto 
of the governor. 

System of Checks and Balances. — The legislature is re- 
quired to provide for a system of checks and balances be- 
tween the officers of the executive department, and all com- 
missioners, superintendents, and boards of control of state 
institutions, and all other officers intrusted with the moneys 
of the state. 

ARTICLE VI EXECUTIVE DEPARTMENT 

State Officers. — The executive authority of the state is 
vested in the following, with their respective salaries at- 
tached: Governor, $4,500; lieutenant-governor, $1,000; sec- 
retary of state, $2,500; state auditor, $2,500; attorney-gen- 
eral, $4,000 ; state treasurer, $3,000 ; superintendent of public 
instruction, $2,500; state examiner and inspector, $3,000; 
chief mine inspector, $3,000 ; commissioner of labor, $2,000 ; 
commissioner of charities and corrections, $2,500; commis- 
sioner of insurance, $2,500; corporation commissioners, 
$4,000; and such other officers as may be provided by law 
or the constitution. The above officials are elected by the 
people, and their term of office is four years. The first eight 
named must be at least thirty years of age. The governor, 
secretary of state, state auditor, and state treasurer shall not 
be eligible immediately to succeed themselves. 

Other Boards. — In addition to the foregoing, there is 
created a board of agriculture, composed of farmers (Sec. 
164), which has jurisdiction over all matters affecting animal 
industry and regulations, and it is, in addition, the board of 
regents for the state agricultural and mechanical college. 



STATE GOVERNMENT 83 

There are also commissioners of the land office, who hav( 
charge of all matters affecting public and school land. 
(Sec. 165). 

Board of Agriculture. — This board consists of a president and tei 
other members, two of whom shall be selected from each supreme 
court judicial district. All members are required to be farmers over 
the age of twenty-one years, of at least five years' practical experience. 
The members are elected on the second Tuesday in August of each 
year, at the Agricultural and Mechanical College at Stillwater. Each 
county selects a delegate to this meeting, and the delegates elect the 
board of agriculture. Delegates receive three dollars per day for 
not to exceed six days, and three cents per mile for each mile neces- 
sarily traveled in attending the annual meeting. Immediately after 
organization in 1908, the board shall divide itself into five classes, the 
terms of two members expiring every year; and thereafter, two mem- 
bers shall be elected at each annual state institute. Members of the 
board receive six dollars per day for time actually working, and cost 
of transportation. 

The board shall be the board of regents of all agricultural and 
mechanical colleges. It shall also make necessary rules relating to the 
dairy and pure food laws of the state. The president of the board 
shall be appointed by the governor; provided, that in the year 1010, 
and every four years thereafter, he shall be elected in the same man- 
ner as the governor. He receives a salary of $2,500 per year. The 
board appoints a secretary at a salary of not to exce< I per 

year. The board makes quarantine regulations concerning live stock, 
and appoints a sufficient number of live-stock inspectors. The latter 
receive a salary of three dollars per day for each day actually em- 
ployed. The board also appoints two veterinary surgeons, at a salary 
not' exceeding $1,500 per year. 

County Farmers' Institutes. — Upon application of not less than 
fifteen farmers, to be approved by the president of the board of agri- 
culture, a charter may be issued for a corporation known as the 
County Farmers' Institute of such county. The county institute shall 
be held every year at a time and place fixed by the president of the 
board of agriculture. 

Governor. — The governor is the supreme executive 
power of the state (Sec. 135), is commander-in-chief of the 
militia (Sec. 139), may convoke the legislature in special 
session (Sec. 140), and shall cause all laws to be executed 
(Sec. 141). He conducts the business of the state with 
other states and with the United States (Sec. 141). He 
communicates by message to the legislature, advising it of 
needed legislation and the condition of the state (Sec. 142). 
He has power to pardon convicted persons (Sec. 144). He 



84 OKLAHOMA CIVIL GOVERNMENT 

shall commission all officers not otherwise commissioned, and 
shall appoint persons to fill all vacancies (Sec. 146). In case 
of disagreement between the two houses with respect to the 
time of adjournment, he may adjourn them (Sec. 147). 

Lieutenant-Governor. — The lieutenant-governor shall 
possess the same qualifications as the governor, and shall be 
president of the senate (Sec. 148). In case of the death, 
resignation, or inability of the governor to act, he shall per- 
form the duties of governor (Sec. 149). 

Secretary of State. — The secretary of state shall keep a 
register of all official acts of the governor, and shall attest 
them when necessary. All original copies of laws and other 
state papers are deposited in his office. He is the custodian 
of the great seal of the state, and, when necessary, authen- 
ticates with it all documents, such as articles of incorpora- 
tion, certified copies of laws, pardons, etc. 

State Examiner and Inspector. — This is an officer not 
found in most states. He must be an expert accountant, 
and shall examine twice a year the books of every county 
treasurer. He shall also prescribe a uniform system of book- 
keeping for the county treasurers of the state. 

Commissioner of Labor. — This officer has charge of all 
matters relative to labor, and recommends needed legisla- 
tion pertaining to that subject. 

Commissioner of Insurance. — This officer attends to all 
matters relative to all kinds of insurance. He determines 
whether insurance companies have complied with the law, 
collects the fees, and regulates all insurance matters. 

Chief Mine Inspector. — This is an unusual office. The 
incumbent must have had at least eight years' experience as 
a practical miner. He has supervision of all matters per- 
taining to mines, oil, and gas. 

This officer gives bond in the sum of $10,000, The state is divided 
into three mining districts, with an assistant inspector in each district. 
Each assistant gives a bond. In the year 1910, and every four years 
thereafter, assistant mining inspectors shall be nominated by political 
parties of the respective mine districts, and shall be voted for by the 



STATE GOVERNMENT 85 

people of the state. The salary of assistant inspectors shall be fifteen 
hundred dollars per year. 

Commissioner of Charities and Corrections. — This is an 
unusual and very important office. The commissioner has 
charge of the investigation and regulation of all public chari- 
ties, jails, hospitals, asylums, etc., and may be of either sex. 

Bank Commissioner. — This officer is appointed by the 
governor for a term of four years. He has supervision of 
banks and banking in the state, examines the books of all 
banks in the state, except national banks, and makes needed 
regulations and recommendations (Sec. 315). 

The Clerk of the Supreme Court is another officer elected 
by the people of the entire state at the same time as the gov- 
ernor. He must be at least twenty-five years of age, and his 
term of office is four years (Sec. 176). He has charge of all 
papers in cases pending before the supreme court and criminal 
court of appeals, and keeps a journal of their proceedings, and 
certifies to their official acts. 

The Attorney-General, State Auditor, State Treasurer, 
and State Superintendent of Public Instruction are not 
given specific duties by the constitution, except where they 
have been made members of boards, or special requirements 
have been placed upon them. 

The Attorney-General is the state's lawyer. He advi- 
the governor, and all departments, upon law questions, and 
attends to all lawsuits in which the state is interested. 

The State Auditor audits all accounts against the state, 
and issues warrants in payment of the state's debts before 
they are presented to the treasurer. 

The State Treasurer is the custodian of the funds of the 
state, and pays all warrants issued by the auditor. 

The State Superintendent of Public Instruction has su- 
pervision of all educational matters. He is president of the 
board of education. 

Great Seal. — Every one should familiarize himself with 
the great seal of the state, for' it is replete with historical 
beauty (Sec. 16S). 



86 OKLAHOMA CIVIL GOVERNMENT 

ARTICLE VII— JUDICIAL DEPARTMENT 

Definition. — The judiciary is the law-interpreting or 
law-deciding part of the government. 

Courts. — The judicial power of the state is vested in 
the senate sitting as a court of impeachment, supreme court, 
district courts, county courts, courts of justice of the peace, 
municipal courts, and such other courts as may be created 
hereafter. 

Impeachment. — All elective officers of the state may be 
impeached (Sec. 199) by the senate, sitting as a court of im- 
peachment (Sec. 201). 

The Supreme Court is the highest court in civil cases in 
the state. It is composed of five justices, who must be at 
least thirty years of age, and practicing lawyers or judges for 
five years. Their term of office is six years. The state is 
divided into five supreme districts. Each supreme district 
nominates the justice for that district, but he is voted upon 
by the people of the entire state. The supreme court renders 
opinions, which are printed in books, called "Oklahoma Re- 
ports." Its decisions are the highest in civil matters in the 
state, and must be followed by all other state courts and 
officers. The court appoints a marshal, who attends the ses- 
sions of the court, and serves all writs or other papers. 

Criminal Court of Appeals. — This court is the highest 
state court in criminal cases. There are three judges. The 
qualifications and salary of the judges are the same as supreme 
justices. The state is divided into three districts and one 
judge is nominated in each district and elected by the voters 
of the entire state. 

District Courts. — The state is divided into twenty-six 
judicial districts, and there is a district judge of each district, 
elected by the voters thereof. The district court has jurisdic- 
tion of all civil and criminal cases except such as is conferred 
upon some other court. The term of office of the judge is 
four years ; he must be at least twenty-five years of age, a 
practicing lawyer or judge for four years, and his salary is 



STATE GOVERNMENT 87 

three thousand dollars per year. Appeals may be taken from 
the district court to the supreme court. 

Canadian and Oklahoma counties constitute one judicial 
district, with three judges. 

Supreme Court Commission. — This commission is really 
an additional supreme court. It consists of six members, pos- 
sessing the same qualifications as supreme justices. The com- 
mission is divided into two divisions of three judges each. 
Each division decides cases referred to it by the supreme 
court. This commission continues in existence for two years. 

Superior Courts. — In every county having a population 
of thirty thousand and a city of eight thousand, there shall 
be a superior court, with one judge, in said city. The juris- 
diction is similar to the district court. 

County Courts. — There is a county court in each county, 
and a judge thereof, called the county judge. The term of 
office of the county judge is two years. He receives a salary 
varying from one thousand to three thousand dollars per 
annum, according to the size of the county. The county court 
tries all matters pertaining to estates of deceased persons 
and children, and may try any case involving not more than 
one thousand dollars. It may also try misdemeanor ca 
and act as an examining magistrate. In the absence of the 
district judge, the county judge may exercise all the powers 
of the district court or judge. 

Justices of the Peace may try all cases involving not 
more than two hundred dollars, and may try misdemeanor 
cases, where the punishment does not exceed a fine of two 
hundred dollars and imprisonment in jail for thirty days. 
Justices of the peace also act as examining magistrates. Cities 
of more than twenty-five hundred inhabitants have two jus- 
tices of the peace. There are two justices for each municipal 
township. 

ARTICLE VTTT IMPEACHMENT AND REMOVAL FROM OFFICE 

For What Cause. — State constitutions usually provide 
that all elective state officers may be impeached or removed 
from office for willful neglect of duty, corruption in office. 



S3 OKLAHOMA CIVIL GOVERNMENT 

habitual drunkenness, incompetency, or any offense involving 
moral turpitude committed while in office. Our constitu- 
tion contains such provisions. All other officers may be re- 
moved in such manner as is provided by law. 

How. — In impeachment proceedings, the senate sits as 
a court of impeachment, each member taking a special oath 
for that purpose. The accused person is tried before the 
senate, the chief justice of the supreme court presiding. No 
person can be impeached unless he be first charged by the 
house of representatives with an offense. 



ARTICLE IX CORPORATIONS 

Definitions. — A private corporation is an association of 
individuals, or a joint stock company, having powers or priv- 
ileges not possessed by individuals. 

It is defined to be a collection of individuals united by au- 
thority of law under a special name, with the right of per- 
petual succession (which means, it never dies), and of acting 
in many ways as an individual. 

How Corporation is Organized; Powers. — Most of the 
business of this country now is carried on by corporations. 
The reason for this is plain. The more business one does, 
the more money it takes to do it. Not many men have 
enough money to run a business requiring an investment of 
thousands of dollars. In order to conduct a large manufac- 
turing or commercial business of any kind, a number of per- 
sons organize a corporation, each person subscribing for as 
much of the capital stock as he can afford. In this way a 
large amount of money is raised, and an immense business 
can be carried on. Each stockholder is liable only to cred- 
itors of the corporation in the amount of the capital stock un- 
paid. Each corporation has a charter, or articles of incor- 
poration. These articles are granted by the state upon appli- 
cation of the persons who organize. The corporation has by- 
laws, which define its officers and their duties. No officer 
is permitted to do an act in his official capacity beyond the 



STATE GOVERNMENT 

scope of the powers given him by the state or by the by-laws. 
The corporation has a board of directors, consisting of sev- 
eral persons, who perform certain duties prescribed by law 
and by the by-laws. A corporation differs from a partner- 
ship in many ways, but more especially in this: a partner is 
bound by any act done by a co-partner, even without his con- 
sent or knowledge, in the conduct of the partnership busi- 
ness ; while a stockholder of a corporation is only bound by 
the action of the officers, acting within the scope of the 
powers given them by the by-laws and the laws of the state. 
Each corporation is required to maintain an office in the 
state. A corporation organized in the state in which you live 
is called a domestic corporation ; one doing business there, 
but organized in another state, is called a foreign corpora- 
tion. In some states, domestic corporations are given rights 
which a foreign corporation does not have. 

Railroads. — In Oklahoma, railroad corporations are not 
permitted to carry anything manufactured, mined, or pro- 
duced by them, except such as may be necessary in the con- 
duct of their business. 

In many states there is a railroad commission. Thi- 
composed of men (usually three) elected by the people of 
the state. The duty of this commission is to regulate rail- 
roads. Each state, let it be understood, has authority to reg- 
ulate the railroads in that state only, and even then it cannot 
interfere with what is known as interstate commerce, which 
means business carried on by anyone extending into more 
than one state. Many railroad commissions are created by 
the legislature of the state. The constitution of Oklahoma, 
however, has the most lengthy provisions of any constitution 
relating to corporations and railroads. 

Corporation Commission; Powers and Duties. — Article 
IX creates the corporation commission, and defines its duties. 
This commission has control over all transportation and 
transmission, electric light, gas, heat, and power companies, 
known as public-service corporations, and may regulate their 
rates and charges, and correct abuses of which they may be 



90 OKLAHOMA CIVIL GOVERNMENT 

guilty. Within the proper exercise of its jurisdiction, it has 
all the powers of the district court, and may punish for con- 
tempt. Its decision is supreme, except that an appeal may be 
taken to the ■ supreme court, providing a sufficient bond is 
given by the appealing company. No court except the su- 
preme court has power in any way to control its actions. 
The commission has full power to inspect books and papers 
of any public-service corporation. The latter is not per- 
mitted to consolidate with any parallel line, nor can any rail- 
road transport any article produced by it. All railroads must 
provide adequate and comfortable depots, must not pass 
within a distance of four miles of any county seat without 
passing through it, and must furnish cars for any one operat- 
ing a mine, sawmill, grain elevator, or other industry. The 
commission also has power to arbitrate, upon request, dif- 
ferences between corporations and employes. No transporta- 
tion or transmission company is permitted to furnish any 
free pass to anyone except those mentioned in Section 217. 

Membership. — The corporation commission consists of 
three members, who shall be elected at the same time as gov- 
ernor, and they shall hold office six years. The commission- 
ers shall be resident citizens of the state for two years, and 
otherwise qualified, and not less than thirty years of age; 
and such commissioners shall not be interested, directly or in- 
directly, in any railroad, steamboat, or pipe line. The com- 
missioners shall not hold any other office, and shall not en- 
gage in any occupation or business inconsistent with their 
duties. A special oath is provided. 

Further Provisions About Corporations. — The constitu- 
tion further provides, with reference to private corporations, 
that no corporation shall issue stock except for money, labor 
done, or property actually received to the amount of the face 
value of the stock. Corporations are not permitted to influ- 
ence elections, or official duty, by contributions of money; 
shall not own or control in any way any other corporation 



STATE GOVERNMENT 91 

engaged in the same kind of business ; and must dispose of 
such stock within twelve months from the date it is acquired. 
All mining and public-service corporations shall submit to 
arbitration any difference they may have with th^ir employes 
in reference to labor. When a corporation is oiganized, it 
must file with the corporation commission a list of its stock- 
holders and officers, and every foreign corporation must 
select some person in the state to act as its agent. Xo asso- 
ciation of individuals, or corporations, shaH be formed for 
the purpose of destroying competition in any article of gen- 
eral use. The legislature is required to provide penalties f r 
the proper enforcement of provisions relative to corporations. 

ARTICLE X REVENUE AND TAXATION 

It costs something to maintain the government. Our fed- 
eral and state governments are poor. They have nothing 
except what the people give them according to law. There 
can be no legal extortion in this country. 

Method Adopted; Taxation. — The method adopted to 
create the necessary money to run the government is taxation 
of property. Every person who owns property is taxed, but 
every person who lives in this country, although he does not 
own property, indirectly pays a portion of the taxes. If he 
lives in a rented house, the landlord includes the taxes in 
the rent ; the merchant includes the taxes in the price he gets 
for his goods, and so on. 

How Property is Divided. — For purposes of taxation, 
all property is divided into two classes, real and personal. 
The former includes real estate and buildings thereon, and 
the latter includes all other property, such as personal 
effects. All property is assessed and taxed upon an ad 
valorem basis, which means its fair cash value. Each state 
constitution fixes the total amount of taxes which may be 
laid for all purposes. Inasmuch as the people say what shall 
be in the constitution, this amount in our form of govern- 
ment can never be a burden. 



92 OKLAHOMA CIVIL GOVERNMENT 

Power of Taxation; Direct and Indirect Taxes. — The 
power of taxation is possessed by the state, and also by the 
United States. While this power to levy direct taxes, or 
taxes on persons and property, is possessed by the United 
States government, it has exercised this power only five 
times, namely in 1798, 1813, 1815, 1816, and 1861, and each 
time the law was in force a year only. The United States 
gets money to run its government from taxes (called import 
duties) laid on articles imported from abroad; and also from 
internal revenue taxes, which are taxes laid on whisky, beer, 
and tobacco. These taxes may therefore be called indirect 
taxes, because the consumer pays the tax indirectly. 

How Tax is Collected. — The state, as such, rarely levies 
a tax. It has no tax gatherer, unless the state officer who 
receives fees paid by foreign corporations, or for other spe- 
cial purposes, may be called such. The state places upon 
each county the duty of raising taxes to run the state govern- 
ment, and the county, in turn, in many states places this duty 
upon the township, and thus the government is localized. 
Taxes are collected by treasurers in each county and town- 
ship, as explained in the chapters on "Township" and 
"County." 

Taxes for Local Improvements. — Power is given the 
legislature to authorize county and municipal corporations 
to collect taxes for local improvements upon property bene- 
fited thereby, homesteads included, without regard to value. 

Total Taxes; How Divided. — The total taxes shall not 
in any one year exceed thirty-one and one-half mills on the 
dollar, divided as follows: State levy, not more than three 
and one-half mills; county levy, not more than eight mills, 
with power to levy two mills additional for county high 
school and common schools, not over one mill of which shall 
be for the high school; township levy, not more than five 
mills; city or town levy, not more than ten mills; school 
district levy, not more than five mills. The annual rate for 
school purposes may be increased not to exceed ten mills 
where a majority of the voters vote for the increase. 



STATE GOVERNMENT 

Corruption. — It is made a felony for an officer to receive 
any interest or profit for the use of public funds in his hands* 

License and Franchise Taxes. — The legislature is given 
power to levy special license, franchise, graduated income, 
direct inheritance, revenue, and succession taxes. 

Graduated Land Tax. — The first legislature passed a law, taxing 
owners and lessees of land in excess of certain amounts. Persons 
owning land in excess of 640 acres, up to 25,000 acres, shall pay a 
graduated tax, varying from one-fourth of one per cent to ten per 
cent per year. The average value of land is fixed at twenty dollars 
an acre. Persons leasing land in excess of 640 acres, up to 10,000 
acres, shall pay a graduated tax upon the income and rental of such 
land, varying from one per cent per year to ten per cent per year. 
The law shall be in force from the thirteenth day of June, 1 

Income Tax. — The first legislature passed a law. taxing incomes 
over thirty-five hundred dollars per year. This tax is as follows: 
$3,500 to $5,000, 5 mills on the dollar;' $5,000 to $10,000, 7 : j mills on 
the dollar; $10,000 to $20,000, 12 mills on the dollar; $20,000 to $50,000, 
15 mills on the dollar; $50,000 to $100,000, 20 mills on the dollar; over 
$100,000, 33 l / 3 mills on the dollar. It is made unlawful for any 
person to print or publish the income of any person except where 
such person fails to pay the tax. Delinquent taxes become a lien on 
the property of the delinquent. 

Taxes Collected by General Laws; Other Provisions. — 

The state may select its subjects of taxation, independent of 
counties or cities. Taxes shall be levied and collected by 
general laws, and the state shall not assume the debt of nor 
extend its credit to any city or county: nor shall it extend 
its credit to any individual or corporation. Xo city, county, 
or school district shall become a stockholder in any corpora- 
tion, nor loan its credit to any individual or corporation. 

State Board of Equalization. — There is a state board of 
equalization, consisting of the governor, state auditor, state 
treasurer, secretary of state, attorney-general, state examiner 
and inspector, and president of the board of agriculture. 
The duty of the board is to adjust and equalize the valuation 
of real and personal property of the several counties in the 
state, and to assess all railroads and public-service corpora- 
tions. 

State Debt; Poll Tax. — Provision is made for the levy 
of a tax sufficient to pay the interest and principal of the 



94 OKLAHOMA CIVIL GOVERNMENT 

state debt within twenty-five years. The state debt shall not 
at any time exceed four hundred thousand dollars, except in 
case of invasion or insurrection. The debt, however, may be 
increased by law for some special work or object, after being 
submitted to the voters of the state, and a majority voting 
therefor. 

Provision is made for the levy of a poll tax on all electors 
under the age of sixty years. 

Debt Limit; Public Utilities. — No city, school district, 
or county shall become indebted in an amount exceeding in 
any year the income for such year, without the assent of 
three-fifths of the voters; however, any city or town may, 
by a majority vote, purchase or construct public utilities, to 
be owned exclusively by the city. 

Evidence of Debt to be Indorsed. — No bond or evidence 
of debt of the state shall be valid unless indorsed by the au- 
ditor and attorney-general of the state ; nor shall any bond or 
evidence of debt of any county or township be valid, unless 
indorsed by the county clerk and county attorney. 

System of Book-keeping. — The legislature is required 
to provide for a uniform system of book-keeping for all 
moneys collected by taxation. 

Exemptions. — All property used for religious and edu- 
cational purposes, property belonging to the United States, 
state, county, or municipality, household goods of heads of 
families not exceeding one hundred dollars in value, and all 
growing crops are exempt from taxation. Personal property 
not exceeding two hundred dollars in value, belonging to 
ex-union and ex-confederate soldiers, is also exempt. For 
the purpose of inducing the establishment of manufacturing 
enterprises, the people of any city or town are authorized to 
exempt them from taxation for a period of five years. 

ARTICLE XI STATE AND SCHOOL LANDS 

Grants for School Purposes. — The enabling act granted 
certain lands to the state for the use of the state university, 



STATE GOVERNMENT 05 

agricultural and mechanical college, and normal institutions, 
and the state accepted the grants. The enabling act also 
granted five million dollars for public-school purposes. The 
faith of the state is pledged to preserve such lands and 
moneys as a sacred trust. The permanent school fund con- 
sists of the proceeds from the sale of public lands, the sum 
of five million dollars, and the proceeds of other donations 
and gifts. This sum shall be invested, and only the interest 
used, together with the net income from the leasing of pub- 
lic lands. Certain sections are peimitted to be sold, under 
act of the legislature, for educational and public building 
purposes. Section 13 in every township in old Oklahoma 
Territory is set apart for the use of the state university, 
preparatory school, the normal schools, and the agricultural 
and mechanical college. 

Investment of Permanent School Fund. — The per- 
manent school fund and other educational funds shall be in- 
vested in first mortgages upon good and improved farm 
lands, state bonds, school-district bonds, and United States 
bonds, preference being given in the order named. 

Under this provision, farmers are enabled to borrow, at 
a low rate of interest, fifty per cent of the reasonable value 
of their lands without improvements. 

ARTICLE XII HOMESTEAD AND EXEMPTIONS 

What Homestead Consists of. — The homestead of any 
family in the state, not within any city, town, or village, 
shall consist of not more than one hundred and sixty acres, 
which may be in one or more parcels. The homestead within 
any city, town, or village, owned and occupied as a residence 
only, shall consist of not more than one acre of land, worth 
not more than five thousand dollars. 

The homestead is protected from forced sale, except for 
the purchase money therefor, taxes due, or for work and 
material used for improving the same. The owner, if mar- 
ried, shall not sell or mortgage the homestead without the 



96 OKLAHOMA CIVIL GOVERNMENT 

consent of his or her spouse (that is, the husband or wife). 
This article may be changed or amended by the legislature. 



ARTICLE XIII EDUCATION AND SCHOOLS 

Oklahoma Progressive; Free Schools. — The state of 
Oklahoma has taken a progressive stand upon the subject 
of education. It has provided for a system of free separate 
public schools, and for the establishment of institutions for 
care and education of the deaf, dumb, and blind. 

Compulsory Attendance. — The constitution also pro- 
vides for the compulsory attendance, at some public or other 
school, of all children who are sound in mind and body, and 
between the ages of eight and sixteen years, for at least 
three months in each year. 

A Uniform System of Text-books is provided for. This 
means that the same school books shall be studied in every 
school in the state. 

Agriculture, Horticulture, Stock-Feeding, and Domestic 
Science are required to be taught in the common schools 
of the state. This last provision is both wise and unique, and 
is not, we believe, to be found in any other constitution. 

School Funds and Lands. — A splendid heritage in the 
school funds and lands of the state will be left our children. 
In lieu of any public lands in Indian Territory, congress 
granted five million dollars to the new state, to be invested 
for the benefit of the public schools, the interest thereon to 
be used exclusively for their support, and maintenance. 
There was also granted to the state several thousand acres 
for the benefit of the common-school fund, and the higher 
educational institutions. The value of these lands has been 
estimated at from forty million to one hundred million dol- 
lars. Much of this school land contains valuable mineral 
deposits. The state derives a revenue from these lands by 
renting them. 

What It Amounts to. — On April 1, 1908, the state owned 
more than two million acres, divided into nearly eight thou- 



STATE GOVERNMENT 

sand tracts. From the leasing of these tracts the state re- 
ceived an average annual rental varying from sixty-nine to 
one hundred and six dollars per quarter-section. The total 
annual rental is more than one-half million dollars. In addi- 
tion, the state owns more than one million acres granted under 
the enabling act for the benefit of the University of Oklahoma, 
and other institutions of higher learning. 

Oklahoma to Lead in Education. — With this enormous 
school fund, with the revenues constantly increasing, Okla- 
homa is destined to equal, in the matter of education, any state 
in the Union. 

ARTICLE XIV BANKS AND BANKING 

The legislature is required to create a banking department, 
to be under the control of a bank commissioner, whose duties 
are referred to under Article VI. The commissioner has 
power to regulate and control state banks, loan, trust, and 
guaranty companies. 

Rate of Interest. — The legal rate of interest shall not 
exceed six per cent per annum in the absence of contract, and 
not to exceed ten per cent per annum under contract. 

Banking Law; Depositors' Guaranty Fund. — One of the most 
important departures in legislation is the banking law passed by the 
first legislature of Oklahoma. Perhaps its most important feature is 
that relating to th<| depositors' guaranty fund. This fund is created 
by an assessment of five per cent, levied by the state banking board, 
upon the average daily deposits for the preceding year, of every bank 
and trust company, organized under the laws of the state. The fund 
is used for the purpose of paying depositors of failing banks in full 
for their loss. If for any reason the fund is reduced below one per 
cent, a special assessment is levied to cover the deficiency. Banks 
organized subsequent to the passage of the act are required to nay into 
the depositors' guaranty fund three per cent of their canital stock, 
which amount is held as a credit fund, to be arluisted at the end of 
the year National banks are permitted to avail themselves of this 
law. Failing banks are placed in charge of the bank commissioner, 
who pays the depositors in full, drawing upon the depositors' guaranty 
fund, if necessary, for this purpose. 



98 OKLAHOMA CIVIL GOVERNMENT 
ARTICLE XV OATH OF OFFICE 

Should be Memorized. — The oath of office provided in 
the constitution is very binding, and must be taken by all 
legislative, judicial, state, and county officers. It should be 
memorized by every citizen and future citizen of Oklahoma, 
and is worthy of adoption by other states of the Union : 

"I, , do solemnly swear (or affirm) that 

I will support, obey, and defend the constitution of the United 
States, and the constitution of the state of Oklahoma, and 
will discharge the duties of my office with fidelity ; that I have 
not paid or contributed, either directly or indirectly, any 
money or other valuable thing, to procure my nomination 
or election (or appointment), except for necessary and proper 
expenses expressly authorized by law ; that I have not, know- 
ingly, violated any election law of the state, or procured.it 
to be done by others in my behalf ; that I will not, knowingly, 
receive, directly or indirectly, any money or other valuable 
thing, for the performance or non-performance of any act 
or duty pertaining to my office, other than the compensation 
allowed by law; and I further swear (or affirm) that I will 
not receive, use or travel upon any free pass, or on free 
transportation, during my term of office. " 

Before Whom Taken; False Swearing. — In the case of 
state officers and judges of the supreme court, the oath shall 
be filed with the secretary of state, and in case of other judi- 
cial and county officers, in the office of the clerk of the county 
in which the same is taken. Any person refusing to take 
the oath shall forfeit his office ; and any person convicted of 
swearing falsely shall be guilty of perjury, and be disqualified 
from holding any office of trust or profit within the state. 
The oath to members of the legislature shall be administered 
by one of the supreme judges, if present. 

ARTICLE XVI PUBLIC ROADS, HIGHWAYS, AND INTERNAL 

* IMPROVEMENTS 

Most state constitutions contain provisions relative to roads. 



STATE GOVERNMENT 

These matters are within the control of the state, and not of 
the federal government. 

Necessity of Good Roads. — The necessity of good roads 
was recognized early in the history of the world. The famous 
roads made by the Roman government leading to Rome are 
familiar to every school-child. Our revolutionary fathers 
found the sending of mail and news from one colony to an- 
other a great task, owing to poor roads. Aside from good 
crops, nothing is more important to the farmer than good 
roads. His crop is of little value unless he can market it, and 
the prosperity of every one is dependent upon the ready mar- 
ket afforded to the producer of the things we eat. 

Department of Highways. — The legislature is directed 
to establish a department of highways, to create improvement 
districts, and to provide for building public roads, and the 
working of convicts thereon. 

Levees, Drains, and Ditches. — The legislature is re- 
quired, further, to provide for a system of levees, drains, 
ditches, and irrigation, and to provide for a system of taxa- 
tion on the lands benefited by them, or on the crops produced 
on the land, to discharge the necessary expense; and to pro- 
vide for the compulsory issuance of bonds by owners or 
lessees of the lands benefited by them. 

ARTICLE XVII COUNTIES 

General Provisions and Powers. — There are seventy-five 
counties in this state (Art. XVII). Each county has a 
county seat, at which all the business of the county is car- 
ried on. The county boundaries and county seats are fixed 
by the constitution, and can only be changed by amendment 
to the constitution, or by vote of sixty per cent of the voters 
of the locality affected (Sec. 326). No county boundary 
may be nearer than ten miles to the old county seat; nor 
shall any county contain less than four hundred square miles, 
fifteen thousand people, and not less than two and a half 
million dollars of taxabie wealth. The levy of taxes in each 



100 OKLAHOMA CIVIL GOVERNMENT 

county shall not exceed eight mills, provided that two mills 
additional may be added for schools (Sec. 275), and a ma- 
jority of the qualified voters may authorize an additional 
levy of five mills for the erection of public buildings (Sec. 
276). No county or other subdivision of the state shall be 
allowed to become indebted for any purpose, in any one 
year, exceeding the income of that year (Sec. 292), without 
the assent of three-fifths of the voters ; nor shall any indebt- 
edness in the aggregate exceed five per cent of the valuation 
of taxable property of the county. No bond or evidence 
of debt of any county shall be valid unless there is indorsed 
thereon a certificate, showing that it is within the debt limit 
(Sec. 295). 

Removal of County Seats. — A petition is signed by 
twenty-five per cent of the qualified electors of the county. 
This petition is verified by affidavit, showing such fact, and 
is filed with the governor any time after four months from 
the admission of the state. Within thirty days thereafter 
the governor shall issue a call for an election, and said elec- 
tion shall be held not less than sixty nor more than seventy 
days after the call. The election laws of the state shall 
govern, and such public notice shall be given as the governor 
may direct. The governor shall place upon the tickets only 
the names of such towns as shall, more than twenty days 
prior to the election, file with him a verified petition, signed 
by not less than three hundred qualified electors of such 
county. 

Rules to Govern. — The following rules shall govern 
until the county seat is once located by vote of the people, but 
not later than the first day of April, 1909: If the petition is 
filed with the governor more than six months prior to said 
date, and the election is delayed because of legal proceedings, 
the time for holding the election shall be extended the length 
of time such election is delayed. Where the county seat named 
in the constitution is within six miles of the geographical 
center, it shall require sixty per cent of the total vote cast by 



STATE GOVERNMENT 101 

the competing town to effect such removal, unless the com- 
peting town be more than one mile nearer the geographical 
center, in which event a majority vote will suffice. If more 
than two towns are voted for, and neither receives the propor- 
tion of votes required, there shall be held a second election, 
and the two towns receiving the highest number of votes shall 
be the only ones voted for, and the town receiving the neces- 
sary proportion of votes shall be the county seat. The above 
rules shall govern after the first day of April, 1909, but the 
town to which removal is sought must receive two-thirds of 
all the votes cast ; and elections shall be held not oftener than 
once every ten years. 

Names of Counties and County Seats. — The names of 
counties and county seats established by the constitution may 
be found in Section 335 of annotated constitution. The 
county seats of a few counties have been changed, by vote of 
the people, since statehood, and new counties created, as 
therein stated. 

County and Township Officers; Compensation. — Jus- 
tices of the peace and other township officers receive fees. 
The county officials and their compensation (which varies ac- 
cording to population) are as follows: Judge, $1,350 to 
$3,000; attorney, $1,350 to $3,000; sheriff, $1,200 to $3,000; 
clerk of the district court, $1,000 to $3,000 ; register of deeds, 
$1,000 to $3,000 ; clerk, $1,000 to $3,000 ; treasurer, $900 to 
$3,000; superintendent, $3 per day to $1,000 per annum; 
clerk of county court, $1,000 to $3,000 ; county superintend- 
ent of health, $5 per day to $700 per year: clerk of superior 
court, $1,000 to $3,000; superior judges, $2,800 to $3,000: 
surveyor, fees ; weigher, fees. 

The county commissioners receive a yearly salary, payable 
every three months, ranging from four hundred dollars per 
year to eight hundred dollars per year. The commissioners 
hold regular sessions at the county seat on the first Monday 
in January, April, July, and October in each year. 



^ 



102 OKLAHOMA CIVIL GOVERNMENT 

ARTICLE XVIII — -MUNICIPAL CORPORATIONS 

Definition. — A municipal corporation is an organized 
town or city, having a mayor, or other executive officers 
provided by law. The legislature provides that when a vil- 
lage reaches a certain size, it may become incorporated ; that 
is, it may have an organized town government. As it grows 
larger, it may have a city government. It then has rights 
and powers which an incorporated village does not have, but 
it also has burdens. The people must pay additional taxes 
in order to pay salaries and other expenses of town and 
city government. Further details of the machinery of their 
governments may be found in the chapter on "Village, Town, 
and City." 

Powers; New Charters. — Under our constitution, mu- 
nicipal corporations have such powers as are usually con- 
ferred upon them, and have additional powers, chief among 
which is the power given the people to make* or amend their 
charters. Every city of over two thousand inhabitants may 
frame a charter for its own government, by electing a board 
of two freeholders from each ward. This board prepares a 
charter containing such local provisions as are desired, and 
if a majority of the voters of the city ratify it, it is submit- 
ted to the governor, and upon his approval becomes the 
charter of the city. By this procedure any city may have 
any form of government, not inconsistent with the constitu- 
tion, that its citizens desire. It is under this provision that 
many cities are agitating the Galveston plan, or "commission 
form of government/' The initiative and referendum is spe- 
cially reserved to every municipal corporation by Section 
415. By this means, ordinances may be initiated and re- 
pealed. No franchise can be granted, extended, or renewed 
except by vote of the people, and no exclusive franchise 
shall be granted. A franchise is a right or license, granted 
by the state, county, or municipality, to use the public high- 
ways, streets, or alleys of a city for purposes of its business. 
Every municipality may engage in any business (Sec. 4:22), 



STATE GOVERNMENT 103 

and may construct and operate any public utility (Sec. 293). 
It may also levy and collect assessments for local improve- 
ments upon property benefited thereby (Sec. 272). Under 
this provision, any neighborhood in the town may build side- 
walks, or otherwise improve its condition. 

Initiative and Referendum. — Every petition for the 
initiative and referendum shall be signed by twenty-five per 
cent of the total number of votes cast at the preceding elec- 
tion. 

Initiative; Enactment of Ordinance. — When such peti- 
tion demands the enactment of an ordinance other than a 
franchise, it shall be presented by the chief executive officer 
to the legislative body of the city at its next meeting; and 
unless it is granted more than thirty days before the next 
election, it shall be submitted to the voters for approval or 
rejection at said election. 

Referendum on Ordinance. — When a referendum vote 
is demanded, the ordinance shall be submitted to the qual- 
ified voters of the city at the next general city election, and a 
majority vote shall decide whether the ordinance will stand 
or be repealed. 

Amendment to Charter; How Made. — When such peti- 
tion demands an amendment to a charter, the petition shall 
be submitted to the voters at the next election, and if a ma- 
jority of the voters vote for said amendment, it shall become 
a part of the charter when approved by the governor. 

Reservation of Control over Public Highways; Regula- 
tion of Charges. — No franchise shall prevent the state or 
any subordinate subdivision from regulating and controlling 
the highways and streets; nor shall the power to regulate 
charges for public services be surrendered; nor shall any 
exclusive franchise be granted. 

ARTICLE XIX — INSURANCE 

Department of Insurance.— We have already referred to 
the department of insurance under "Executive Depart- 



104 OKLAHOMA CIVIL GOVERNMENT 

ment," and called attention to the duties of insurance com- 
missioner. 

Foreign Companies; Fees. — All foreign insurance com- 
panies are required to comply with the laws of the state, by 
depositing collateral, or indemnity, and agreeing to pay taxes 
and fees. Foreign companies are also required to pay two 
per cent on all premiums collected in the state. 

All fees collected by the insurance commissioner shall be 
paid to the state treasurer monthly. 

ARTICLE XX MANUFACTURE AND COMMERCE 

The sale of denaturized alcohol is permitted, as provided 
by law. The flash test for kerosene is declared to be one 
hundred and fifteen degrees Fahrenheit, and the specific 
gravity test is forty degrees Baume. 

ARTICLE XXI PUBLIC INSTITUTIONS 

Educational, reformatory, and penal institutions, and 
those for the benefit of the insane, blind, deaf, and mute, 
and such other institutions as the public good may require, 
shall be established and supported by the state, as the law 
may require. 

ARTICLE XXII ALIEN AND CORPORATE OWNERSHIP OF LANDS 

Aliens to Sell within Five Years. — No alien, or person 
who is not a citizen of the United States, shall own. land in 
rhis state, and such persons shall dispose of their land within 
five years, upon condition of forfeiture to the state. This 
provision, however, does not apply to Indians born within 
the United States, nor to aliens who are citizens of this state. 

Restrictions upon Corporate Ownership. — No corpora- 
tion shall be created or licensed in this state for the pur- 
pose of dealing in land other than that located in incorpo- 
rated cities and towns. However, corporations may take 



STATE GOVERNMENT 105 

mortgages on land to secure loans made, and may foreclose 
such mortgages, but shall dispose of the lands within seven 
years. No public-service corporation shall hold land in any 
way, except such as is necessary for transacting its business. 



ARTICLE XXIII MISCELLANEOUS 

Labor. — Our constitution contains many provisions 
favorable to labor, chief among which are the following: 

Eight hours shall constitute a day's work for the state, 
county, or municipality (Sec. 435), and in all cases in 
mines underground (Sec. 438). 

The contracting of convict labor is prohibited (Sec. 436). 

The employment of children under the age of fifteen years 
in any occupation injurious to health or morals, or hazard- 
ous to life or limb, is prohibited (Sec. 437). 

Boys under the age of sixteen years, and women and girls, 
shall not be employed underground (Sec. 4 

Provision for arbitration between employers and em- 
ployes, heretofore referred to (Sees. 7). 

The creation of a department of labor (Sec. 153), and 
provision for the creation of a board of arbitration and con- 
ciliation (Sec. 154). 

State Board of Arbitration and Conciliation. — This board con- 
sists of six persons, appointed by the governor. The latter appoints 
two farmers and one employer on his own motion, and one employer 
and two employes on recommendation of the commissioner of labor. 
In case of threatened strikes, this board persuades employer and em- 
ployes to submit their differences to it for arbitration. Members of 
the board receive five dollars per day, and necessary traveling ex- 
penses, when actually serving. 

The Oklahoma Free Employment Bureau. — This is maintained 
by the commissioner of labo*\ for the purpose of receiving and riling 
applications of persons seeking employment, and of persons seeking to 
employ labor. The superintendent of this bureau is appointed by the 
commissioner of labor, at a salary of twelve hundred dollars per year. 
It is the duty of trie superintendent to co-operate with employers and 
employed, with a v.evv of securing positions for persons. No fee is 
charged for any service rendered by this bureau. 

Private employment agencies are not permitted to do business, ex- 
cept by permission of the commissioner of labor, who issues a license 



106 OKLAHOMA CIVIL GOVERNMENT 

upon payment of a fee of five dollars. Every agency must, in addition, 
give a bond in the sum of two hundred and fifty dollars. If a posi- 
tion is not secured for an applicant within one month after application 
is made, the fee charged shall be returned to the applicant. Severe 
penalties are provided for violation of these provisions. 

Factory Inspector. — This officer is appointed by the governor, 
upon recommendation of the commissioner of labor, and receives a 
salary of fifteen hundred dollars per year. He inspects all factories, 
work-shops, machine-shops, foundries, laundries, and manufacturing 
establishments, at least once a year, and inquires into the condition of 
labor, or abuses of labor, and makes necessary rules. 

Other Provisions. — Every employer of children under the age of 
sixteen years is required to keep a register, giving the name, birth- 
place, age, sex, and residence of the child, and must secure an affidavit 
of the parent or guardian, stating such facts. The inspector has power 
to prohibit the employment of children physically unable to work. 
Children under the age of fifteen years are prohibited in places where 
there is a freight elevator. The proprietor, manager, or person having 
charge of any store, restaurant, shop, or hotel where girls or women 
are employed, are required to provide chairs for their comfort. 

Contributory Negligence. — This defense shall at all 
times be left to the jury. 

Personal Injuries. — The right to recover damages re- 
sulting in death shall never be taken away ; and the damages 
shall not be subject to any statutory limitations. 

Waiver of Rights. — Any provision of a contract waiving 
any of the benefits of the constitution is declared null and 
void; and any provision requiring notice or demand, other 
than such as is provided by law as a condition precedent 
to establish any claim shall be void. 

Change in Salary or Emoluments. — Except wherein 
otherwise provided in the constitution, in no case shall the 
salary or emoluments of any public official be changed after 
his election or appointment, or during his term of office, ex- 
cept by law enacted prior to such election or appointment. 
The term of any officer shall not be extended beyond the 
period for which he was elected or appointed. All officers, 
however, shall continue to perform their duties until their 
successors are qualified. 

Definition of Races. — "Negro," or "colored," means a 
person of African descent. The term "white race" shall 
include all other persons. 



STATE GOVERNMENT 107 

ARTICLE XXIV CONSTITUTIONAL AMENDMENTS 

Proposed in Legislature ; Election. — An amendment 
may be proposed in either branch of the legislature, and 
when agreed to by a majority of the members elected to 
each house, such proposed amendment shall be entered on 
the journals, and it shall be voted on at the next general 
election, unless by two-thirds vote of each house a special 
election is ordered. 

New Convention; Referendum Vote. — Xo convention 
shall be called by the legislature to propose amendments 
unless the law providing for the convention shall first be 
approved by the people on a referendum vote; and any 
amendment or new constitution proposed by such conven- 
tion shall be submitted to the electors of the state, and be 
approved by a majority of the electors voting thereon. The 
question of a new convention shall be submitted to the peo- 
ple at least once in every twenty years. 

Initiative Petition. — In addition to the foregoing, the 
people have the right to propose amendments to the consti- 
tution as provided in Article V. 

SCHEDULE 

Change from Territorial Government. — In order that no 
inconvenience may arise ' by reason of the change in the 
forms of government, it is declared as follows : Xo existing 
rights, actions, proceedings, or contracts shall be affected by 
the change, but all shall continue as if no change had taken 
place. 

The laws of the territory of Oklahoma in force at the time 
of the admission of the state, which are not repugnant to 
the constitution, shall remain in force until repealed by law. 

All notaries public appointed before statehood may con- 
tinue to exercise their duties. Females may act as notaries 
public. 

The property of tne territory becomes the property of the 
state. 



10S OKLAHOMA CIVIL GOVERNMENT 

All ordinances in cities and towns continue in force as if 
no change had taken place, and all taxes shall be collected 
under existing laws. 

The boards of regents of the university, preparatory, and 
normal schools shall continue to exercise their functions un- 
til their successors are elected or appointed. 

The limitation on the amount of indebtedness which may 
be incurred by a county, city, school district, or other sub- 
division shall not apply to indebtedness owing at the time 
of admission of the state. 

Provision is made for the transfer of cases pending at the 
time of admission of the state; and the amendments to the 
enabling act are accepted. 

Attorneys and dentists, practicing before statehood, are 
licensed to practice without examination; and newspapers 
are declared to be legal publications. 

The expenses of the first election are assumed by the state, 
and the election ordinance and prohibition article are rati- 
fied. 

The terms of officers elected at the first election shall com- 
mence upon the admission of the state. 

The constitution shall be filed in the office of the secretary 
of state. 



PROHIBITION ARTICLE 

By the enabling act, the manufacture or furnishing of 
liquor in that portion of the state formerly known as Indian 
Territory was prohibited for twenty-one years. This became 
the law, regardless oi any action on the part of the state. 
The constitutional convention, however, provided that this 
prohibition should extend to the entire state, and the prohibi- 
tion article thus adopted was ratified by the people. The 
legislature is authorized to create an agency in each town 
of not less than two thousand people, and at least one in 
each county, where liquor may be secured for medicinal 
purposes upon prescription by a physician. 



CHAPTER XI 

FEDERAL AND STATE SOVEREIGNTY 

Still one thing more, fellow-citizens: a wise and frugal govern- 
ment, which shall restrain men from injuring one another, shall leave 
Chem otherwise free to regulate their own pursuits of industry and 
improvement, and shall not take from the mouth of labor the bread it 
has earned. This is the sum of good government, and this is neces- 
sary to close the circle of our felicities. — From Thomas Jefferson's 
First Inaugural. 

The Two Governments under Which We Live. — It 
is intended in this chapter to give the student a clearer 
understanding of the two forms of government under which 
he lives. The one is federal ; the other, state. Both are "of 
the people, by the people, and for the people.'' The people 
made them. We will examine their development from col- 
onial days, show how the colonies came into statehood, and 
how the people from the first settlement of this country 
claimed all the rights of Englishmen. Then we will ex- 
amine the scope of federal and state powers. 

Government of the Colonies. — The colonists came over 
from England and formed themselves into colonies. Each 
colony had some form of local government. Most of the 
colonies were first planted by companies or propriet 
These companies or proprietors received grants or conces- 
sions from the crown to form colonies. Massachusetts 
Connecticut, and Rhode Island, however, were formed by 
voluntarv associations of men, who were bound together 
only by moral bonds. The colonies were largely the result 
of "private enterprise and public spirit." In the year 1606 
the mother country granted a charter which contained a 
guaranty "that became the great bulwark of colonial rights 
and liberties. " In this charter it was guaranteed that the 
colonists should enjoy all liberties and immunities of sub- 
jects born in England. 

109 



110 OKLAHOMA CIVIL GOVERNMENT 

Development of Local Government. — As the years 
passed, local government developed. Throughout the col- 
onial period the same types of government were preserved. 
Some of the colonies had charters or grants from the king. 
These charters granted to the people certain rights. Penn- 
sylvania, Delaware, and Maryland were "proprietary col- 
onies. " Their proprietors, William Penn and Lord Balti- 
more, were granted patents by the king; and these pro- 
prietors conceded to the people certain rights and priv- 
ileges. New Hampshire, New York, New Jersey, Virginia, 
North and South Carolina, and Georgia have been desig- 
nated "Royal or Provincial Colonies." They were governed 
by governors, in conjunction with assemblies and councils, 
receiving from time to time written instructions from the 
king. The last-mentioned colonies had no charters, but the 
characteristics of the people, concessions from the crown, 
and the systems of government were such that each had a 
"traditionary constitution or charter." The political fea- 
tures of the colonies, therefore, were quite similar. Says an 
eminent writer, Hinsdale's Americaii Government, p. t>7 : 

"While the thirteen colonies differed in constitutional features, 
they practically agreed in respect to governmental form, machinery, 
and administration. First, the sum total of powers and functions was 
distributed to local and to central institutions; secondly, the powers 
and functions distributed to each class of institutions were in the main 
the same; thirdly, the local institutions had certain general corre- 
spondences; and fourthly, the central governments conformed to one 
general type." 

Thus developed the local systems of government, which 
may be termed the town type of New England, the county 
type of the South, and the mixed type of the West. These 
types have been examined more in detail in the chapters on 
"Town, and Township," "Civil District," and "County." 

Each colony was really "a self-governing commonwealth, 
left to manage its own affairs, with scarcely any interference" 
from the mother country, says Mr. Bryce. We are speaking 
now of conditions before the differences arose which ended 
in the Revolution. As regards civil and religious liberty, 



FEDERAL AND STATE SOVEREIGNTY 111 

the colonists had all the rights of Englishmen. The right 
to vote was more restricted. The local government of each 
colony was patterned after English institutions. Owing, 
however, to the new conditions existing in the colonies, the 
distance from the mother country, and the reliance upon 
their own resources, the spirit of freedom flourished and 
developed during the years which preceded the Revolution, 
and this spirit of freedom resulted at last in independence. 

Declaration of Independence. — We are brought, then, 
to the Declaration of Independence. Here we find the asser- 
tion of truths which were advanced by philosophers, but 
never before had they been put into a declaration or consti- 
tution for the government of people. "We hold these truth9 
to be self-evident," is the language used, "that all men are 
created equal ; that they are endowed by their Creator with 
certain unalienable rights ; that among these are life, liberty 
and the pursuit of happiness"; that governments are made 
to secure these rights, getting their power from the consent 
of the governed ; that whenever a government destroys any 
of these rights, "it is the right of the people to alter or to 
abolish it." Then follows a recital of those rights which 
the king of England had denied, which have been so care- 
fully safeguarded in the bill of rights of the federal consti- 
tution, and the united colonies are declared to be "free and 
independent states'' and- as such "have full power to levy 
war, conclude peace, contract alliances, establish commerce, 
and to do all other acts and things which independent states 
may of right do." From that hour the colonies became "free 
and independent states/' and here we find the organization 
of the political division known as the state. Here we find 
the first declaration of the inherent rights of the people. 

Formation of States and Nation. — Having made this 
declaration, war began, and in 1777 the articles of confeder- 
ation were formed, and in these articles it is stated: "Each 
state retains its sovereignty, freedom and independence and 
every power, jurisdiction and right which is not by this 
confederation expressly delegated to the United States in 



112 OKLAHOMA CIVIL GOVERNMENT 

convention assembled." Note the language used, "expressly 
delegated/' Evidently the people were so concerned about giv- 
ing powers to the new federal government that they wanted 
no powers granted except by express language. But in the 
last paragraph of Section 8, Article 1, of the constitution, 
congress is given power to make all laws necessary and 
proper for carrying into execution any power vested in the 
federal government, and this provision gave rise to the doc- 
trine of implied powers, which means the powers necessary 
for carrying out the provisions of the constitution, although 
not expressly given in it. Again, in the tenth amendment, 
the language used is, "The powers not delegated to the Uni- 
ted States by the constitution . . . are reserved," etc. 
The word "expressly" before "delegated" is omitted, which 
strengthens the argument for implied powers in the federal 
government. 

All Power Inherent in People. — We have thus examined 
briefly the history and development of government in the 
United States in order to impress clearly upon the student 
the proposition that all powers of government in this coun- 
try come from the people ; that all men have certain inalien- 
able rights; that all just governments get their powers from 
the consent of the persons governed ; and that only when this 
consent is given, and to the extent given only, can any 
power of government over a free people be exercised. 

Definition of Inherent Rights, Privileges, and Immuni- 
ties; Citizenship. — There is, in books devoted to politics 
and systems of government, frequent use of the expression, 
"rights, privileges, and immunities of citizens." What does 
it mean ? When a person becomes a citizen of a government, 
he surrenders a portion of his natural rights; that is, those 
rights which would be his in a state of nature, subject to no 
restraints of government, but permitted to pursue his own 
impulses and happiness like an uncivilized being. He says 
to the government: "I want to become a member of your 
family, a citizen of your government." The government 
savs to him : "Very well ; you may do so, but you must 



FEDERAL AND STATE SOVEREIGXTY 113 

abide by our rules and regulations." In the case of a for- 
eigner coming to this country, a formal oath of allegiance 
must be taken ; but a child takes the same citizenship as its 
parents. When a person becomes a member of the govern- 
mental family, therefore, he agrees that the government 
may regulate his conduct in certain ways. The gov- 
ernment has its regulations written, in the form of con- 
stitutions and laws, liki the constitution and by-laws of a 
debating society, or any other organized association of per- 
sons. When a person becomes a member of the governmental 
family, he assumes the status of a citizen. He is permitted 
in all respects to regulate his private conduct and his deal- 
ings with other men, so long as he does not trample upon 
the rights of others, as defined in the regulations or laws of 
the government, and so long as he performs his other duties 
as a citizen as provided in those laws. The people formed 
the government originally, and consented that it should have 
certain powers. They first formed the colonies ; then the 
states; then the United States. They became citizens of 
the several states, and agreed, regarding citizenship, that a 
citizen of one state should be entitled to the privileges and 
immunities of citizens of the several states. Although the 
privileges and immunities of citizens may differ in each 
state, still each citizen living, though temporarily, in that 
state, is entitled to the privileges and immunities of its citi- 
zens. These rights, privileges, and immunities have been 
the subject of judicial decision, and no better definition of 
them can be given than the following: 

"What are the privileges and immunities of citizens of the several 
states? We feel no hesitation in confining these expressions to those 
privileges and immunities which are fundamental, and which have at 
all times been enjoyed by citizens of the several states which compose 
this Union, from the time of their becoming free, independent, and 
sovereign. What these fundamental principles are, it would be more 
tedious than difficult to enumerate. . . . They may all, however, 
be comprehended under the following general heads: Protection by 
the government, with the right to acquire and possess property of 
every kind, and to pursue and obtain happiness and safety, subject, 
nevertheless, to such restraints as the government may prescribe for 
the general good of all." 



114 OKLAHOMA CIVIL GOVERNMENT 

Federal and State Sovereignty Explained. — Every citi- 
zen of the United States then owes allegiance to two govern- 
ments, federal and state. The federal government within its 
sphere is sovereign; the state government within its sphere 
,is sovereign. The states existed before the United States. 
The latter could not have come into existence but for the 
states. The states could continue to exist without the 
United States, but the latter could not exist without the 
states. All the powers exercised by the federal government 
are delegated or granted powers, while the powers exercised 
by the states are not grants, but were powers inherent in 
the people. One' writer well says : "The national and state 
constitutions are written in different political vocabularies. 
The first speaks the language of delegated powers; the sec- 
ond speaks the language of inherent powers." We find in 
the federal constitution an enumeration of powers delegated 
to congress, which are the only powers that can be exercised 
by it. No state constitution need contain a grant of powers 
to the legislature. The legislature of a state may exercise 
every power of legislation not prohibited to it by the federal 
or state constitutions. 

Extent of Federal and State Control. — It may then be 
asked, What can the federal and state governments do? 
The average citizen, in so far as he comes in contact with 
the federal government, knows very little of it. He goes to 
the post-office to get his mail, or Uncle Sam delivers it to 
him. The federal government handles the mail. He votes 
for a congressman every two years, and for president every 
four years, and is once in a lifetime perhaps called to serve 
as a juror in the federal courts. This is about the extent of 
the experience of the average citizen with the federal govern- 
ment. But what of the state? Its powers are many. Here 
are some of them: 

It establishes schools, and provides for the education of 
all children in the state. 

It conducts all elections, and regulates the manner of 
voting. 



FEDERAL AND STATE SOVEREIGNTY 115 

It incorporates cities and towns, and provides for the 
government of all local communities, such as townships, 
counties, cities, towns, and school districts. 

It levies the taxes which support the state government. 
„It regulates all matters of marriage and divorce. 

It provides for the trial and punishment of practically all 
persons charged with murder, or any other offense. 

It regulates the conduct of all business carried on by per- 
sons or corporations in the state, except what is known as 
interstate commerce. 

It regulates the relations of parent and child, husband 
and wife, guardian and ward, master and servant. 

It provides for the roads and bridges in the state. 

It regulates the civil rights and liberties of individuals. 

It is the big policeman, so to speak; for it maintains law 
and order in the state. 

Int fact, all matters which in law come under the head of 
police regulation (which includes all matters concerning 
public safety, health, or morals), are within the exclusive 
control of the state. 

Further Powers of the Nation. — The nation, then, at- 
tends to matters of national concern. It conducts our busi- 
ness with foreign nations, makes treaties which bind all the 
states, and has the power to declare war. It is the depart- 
ment of foreign affairs. 

Interstate Commerce. — It has jurisdiction over all mat- 
ters of interstate commerce. 1 This jurisdiction of the fed- 

2 On February 4, 1SS7, congress passed an act defining the power 
and duties of a commission known as the Interstate Commerce Com- 
mission. Members of said commission hold office six years. 

Among other things, the commission has the right to inquire into 
the business of all common carriers, and to keep itself informed as to 
the manner in which the same is conducted. 

It has the right to obtain from the carriers full information, 
and it is required to execute and enforce the provisions of the act 
of congress. 

It can upon request require any district attorney of the United 
States to prosecute all suits necessary to enforce the law and to 
punish violators. 

It has the right to subpoena witnesses ; and to compel the produc- 



116 



OKLAHOMA CIVIL GOVERNMENT 



eral government over interstate commerce is the most im- 
portant question before the American people to-day. Most 
of the business of this country is conducted by large cor- 
porations. These corporations ship their products into every 
state, and when this product passes from the state in which 
it is manufactured into another state, it becomes interstate 



tion of all books, papers, tariffs, contracts, agreements, and documents 
relating to any matter under investigation. Such witnesses and 
papers may be had from any place within the United States, and any 
court of the United States can be called upon to enforce the produc- 
tion of evidence before the commission. (U. S. vs. Missouri Pac. 
Ry. Co., 65 Fed. 909, 161 U. S. 197.) The commission is not a court, 
and has no judicial powers (73 Fed. 409) > 

If any person, firm, corporation, or association shall complain to 
the commission that any common carrier has done or omitted to do 
anything contrary to the act of congress, it shall be the duty of the 
commission to furnish the carrier a statement of the charges pre- 
ferred, and the carrier must answer the charges within a reasonable 
time. 

The commission has the right to apply to any circuit court of the 
United States to compel the carrier to obey its orders, or to show a 
good reason why it should not do so. (37 Fed. 567, 57 Fed. 1005.) 

In other words, it has the right and power to look after any and 
all wrongs done by carriers to any person, individual or corporate. 

The commission is limited in its powers to carriers engaged in 
carrying for hire passengers or property, whether wholly by railway, 
or partly by railway and partly by water when both are used, under a 
contract for continuous shipment from one state or territory of the 
United States, District of Columbia, or from the United States to a 
foreign country that lies adjacent to the United. States. But the 
commission has no right to investigate the acts of any carrier that 
does business wholly within any state, or where an article is not 
shipped or carried to a foreign country. (154 U. S. 457, 162 U. S. 
184.) A railroad as defined by the act of congress means all bridges 
and ferries used in operating the road. 

On June 29, 1906, congress passed an act giving the interstate com- 
merce commission additional powers, and further defining its duties. 
Some of the powers conferred by the late act are as follows : 

Any person or persons engaged in transporting oil, or other com- 
modity except water, and except natural or artificial gas, by means of 
pipe-lines, or partly by pipe-lines and partly by railroad, or partly by 
pipe-lines and partly by water, are held to be common carriers, and 
are subject to the interstate commerce laws. But this act provides that 
the law shall not apply to acts done wholly within the state. A rail- 
road under this act means bridges or ferries, and includes switches, 
spurs, and terminal facilities; also freight depots, yards, and grounds 



FEDERAL AND STATE SOVEREIGNTY 117 

commerce, and is subject to the control of the federal gov- 
ernment. Railroads which pass from one state into another 
carrying this product are engaged in interstate commerce. 
There is no doubt about the power of a state to regulate the 
conduct of all corporations, as well as persons, while in the 
state, but there is quite a difference of opinion as to what 
is interstate commerce 2 

Constitution of United States Supreme. — While the 
states attend to all matters of domestic concern, it must not 
be forgotten that the constitution of the United States is the 
'supreme law of the land, and the judges in every state 
shall be bound thereby, anything in the constitution or laws 
of any state to the contrary notwithstanding.'' (Const. U. 
S., Art. VI.) 

This means that the constitution of the United States is 



used in transporting or delivering freight, etc. Express and sleeping- 
car companies are included in the term "common carrier." 

All charges made for services rendered by the carrier shall be 
just and reasonable. After January 1, 1907, all passes, except for 
employes, officers of the company, agents, physicians, and attorneys, 
ministers of religion, charitable institutions, paupers, ex-soldiers, etc., 
are prohibited. All carriers must file with the commission, and keep 
open to the general public, all rates, fares, and joint rates where two 
or more carriers have connecting lines. No change shall be made 
except upon thirty days' notice to the commission, and the public, 
"debates shall not be allowed by any device or subterfuge, and a 
violation of the same is punishable by law. The commission is em- 
Dwered to fix a maximum rate to be charged. 

2 The importance of this question was the subject for discussion 
recently at the most historic gathering of its kind ever held in the 
United States. Upon the invitation of President Roosevelt, forty-four 
governors met at the White House, and discussed the question of fed- 
eral and state control over railroads and large corporations. Governor 
Comer of Alabama voiced the sentiment of a majority of the gov- 
ernors when he expressed his concern over the effort of the federal 
government to control and regulate railroads, and other large cor- 
porations, fearing that such action would take from the states a 
power they have. President Roosevelt, however, stated that he was 
in favor of the state regulating the railroads, and other large cor- 
porations, if it could be done; and if it could not be done, he wanted 
the power given to the federal government. He expressed himself as 
being in favor of the states retaining every power of local self- 
government possible. 



118 OKLAHOMA CIVIL GOVERNMENT 

a part of the organic or fundamental law of every state, and 
that the federal and state governments are parts of the same 
system. It means, further, that when any state passes a law 
which conflicts with the constitution of the United States, 
or any law or treaty made lawfully by congress, the federal 
constitution is supreme, and the law of the state is void. In 
order to decide whether congress or the states have power to 
pass certain laws, you should inquire: 

First, does the federal constitution give congress the 
power to pass the law? 

Second, does the federal constitution prohibit the state 
from passing the law? 

If the answer is "No" to each question, the state can pass 
the law. 

Suggestive Questions 

1. What two governments are there in the United States? 

2. How were the colonies formed? 

$. What kinds of charters had the different colonies? 

4. Describe the government of the colonies prior to the Revolution. 

5. What fundamental truths are asserted in the Declaration of In- 

dependence? 

6. Where does all power in our government come from? 

7. What are inherent rights? 

8. How may a foreigner become a citizen? 

9. Describe the features of difference between the federal and state 

governments. 

10. What powers has the state? 

11. What powers has the federal government? 

12. What is interstate commerce? 

13. How can you tell whether the state has power to pass a law? 

14. How can you tell whether congress has power to pass a law? 



CHAPTER XII 
THE NATION 

SONG, "AMERICA" 

My country, 'tis of thee, 
Sweet land of liberty, 

Of thee I sing; 
Land where my fathers died, 
Land of the pilgrim's pride, 
From every mountain side 

Let freedom ring. 

My native country, thee, 
Land of the noble free, 

Thy name I love ; 
I love thy rocks and rills, 
Thy woods and templed hills; 
My heart with rapture thrills 

Like that above. 

Let music swell the breeze, 
And ring from all the trees 

Sweet freedom's song; 
Let mortal tongues awake, 
Let all that breathe partake, 
Let rocks their silence break, 

The sound prolong. 

Our fathers* God, to thee, 
Author of liberty, 

To thee we sing: 
Long may our land be bright 
With freedom's holy light; 
Protect us by thy might, 

Great God, our King. 

Samuel Francis Smith. 

Rights Denied the Colonists. — The constitution of the 
United States was adopted by the convention of the states 
September 17, 1787. It was the outgrowth of the encroach- 
ment by the mother country upon certain inalienable rights 
of men, designated in the Declaration of Independence as 

119 



120 OKLAHOMA CIVIL GOVERNMENT 

"life, liberty and the pursuit of happiness, " and they are 
included in four main points, namely: 

"1. Imposing taxes without the consent of the people's representa- 
tives. 2. Keeping up standing armies in time of peace to overawe 
the people. 3. Denying a right to trial by a jury of the vicinage in 
some cases, and providing for a transportation of persons accused of 
crimes in America for trial in Great Britain. 4. Exposing the prem- 
ises of the people to searches, and their persons, papers, and property 
to seizures on general warrants." (Coqley, Const. Law, p. 8.) 

Articles of Confederation. — The articles of confedera- 
tion were proposed by congress in September, 1776. They 
were ratified in 1778 by all but two states, — Delaware and 
Maryland, — these two giving their assent in 1779 and 1781, 
respectively, and in March, 1781, congress assembled under 
the confederation. War had been going on for several years, 
and the common interest of the colonies had impelled them 
to act together in their common defense. It was believed, 
therefore, that the articles of confederation would tie more 
closely the mutual bonds of common interest and defense. 
The articles accomplished this end but imperfectly. They 
were simply designed to create a "firm league of friendship/ 7 
and after being in force about six years, it was found ad- 
visable to form a constitution which would make the union 
of the states more complete and satisfactory. 

Defects of the Articles of Confederation. — The defects 
of the articles of confederation were many. There was no 
provision for a national judiciary, or an executive head; no 
authority to compel obedience to laws; and many of the 
states would not tax their people for its support. They 
sometimes refused to pay their allotted shares of interest on 
the national debt. Congress had no power to regulate trade 
or make treaties. These, and many other defects, made the 
failure of the confederation certain. It was, in short, merely 
"a board of advice without governmental efficacy/' and after 
the states had secured their independence, the confederation 
was tottering on the threshold of dissolution. An early re- 
vision of the articles therefore became necessary, and a con- 
vention of the states was called by resolution of congress 




121 



122 OKLAHOMA CIVIL GOVERNMENT 

adopted in February, 1787, to meet in May, 1787, to accom- 
plish this purpose. 

Action of the Convention Revolutionary. — Regarding 
the procedure of the constitutional convention, an eminent 
authority (Cooley, Const. Law, p. 15) says: 

"The convention when it met, after full consideration, determined 
that alterations and amendments to the articles would be inadequate 
to the purposes of government, and proceeded to recommend a new 
constitution, and to provide that 'the ratification of the conventions 
of nine states would be sufficient for the establishment of this consti- 
tution between the states so ratifying the same/ As this was in dis- 
regard of the provision in the articles of confederation, which required 
the assent of every state, it was a revolutionary proceeding, and could 
be justified only by the circumstances which had brought the Union 
to the brink of dissolution." 

Constitution Adopted. — The convention met behind 
closed doors, May 25, 1787, and was in session until Septem- 
ber 17, 1787. Many of the more important propositions em- 
bodied in the constitution were adopted after a close vote, and 
the entire document was the result of many compromises. 
Probably no single member was satisfied with all the pro- 
visions, but nearly all felt that it was the best document which 
could be secured. Only three members refused to attach 
their signatures to it. James Madison was a member of the 
convention. He was a rapid writer,, and he made extensive 
notes of the proceedings. These notes were not published 
until nearly half a century later, and they now furnish to the 
student a detailed account of the proceedings of the con- 
vention. 

Government Inaugurated. — March 4, 1789, was the time 
fixed for the organization of the government, but it was not 
in fact inaugurated until April 30, 1789. North Carolina 
and Rhode Island did not become members of the Union, 
however, until November, 1789, and May, 1790, respectively. 

Bill of Rights ; Federal and State Sovereignty ; Rule of 
Construction. — The constitution contains no enumeration of 
fundamental rights, generally' termed "bill of rights. " The 
omission of this feature was made a ground of opposition to 



THE NATION 

ratification on the part of several states, and the first eight 
amendments were subsequently adopted in deference to this 
sentiment. They are, in effect, a bill of rights. The purpose 
of these amendments, and similar provisions in the constitu- 
tion itself, was to limit the power of the federal government; 
not of the states. This proposition should be kept clearly 
in mind in construing the constitution. The constitution, 
except as provided in Section 9. Article I. does not enu- 
merate the limitations upon the power of the federal g 
ernment regarding individual liberty. The federal govern- 
ment is one of enumerated powers, and. as provided in the 
tenth amendment, all "powers not delegated to the United 
States by the constitution, nor prohibited by it to the states, 
are reserved to the states respectively, or to the people/' 
Therefore, the restrictions or limitations in the constitution 
are to be construed as restrictions only upon the federal g 
ernment. unless the word "state" is expressly used. When 
this rule of construction is kept clearly in mind, it will not 
be difficult to see where federal sovereignty ceases and state 
sovereignty begins "When a particular power is found to 
belong to the states, they are entitled to the same complete 
independence in its exercise as is the national government 
in wielding its own authority. Eaeh within its sphere has 
sovereign powers. 93 (Cooley, Const. Law. p. d- 



Suggestive Questions 

1. When was the constitution of the United dopted? 

2. What were four main points of difference between the colonies and 

the mother country? 

3. When were the articles of confederation proposed and ratified? 

4. What is said about the defects of the >l confederation? 

5. What is said about the powers of the constitutional convention? 

6. What is said about the bill of rights? 

7. What is the rule of construction in regard to federal and state 

rights? 



CHAPTER XIII 

THE NATION— Continued 

Youngster, let that show you what it is to be without a family, 
without a home, and without a country. And if you are ever tempted 
to say a word or to do a thing that shall put a bar between you and 
your family, your home, and your country, pray God in his mercy to 
take you that instant to his home in heaven. Stick by your family, 
boy; forget you have a self while you do everything for them. Think 
of your home, boy, write and send, and talk about it. Let it be nearer 
and nearer to your thoughts the farther you have to travel from it. 
And for your country, boy, and for that flag, never dream a dream 
but serving her as she bids you, though the service carry you through 
a thousand hells. No matter what happens to you, no matter who flat- 
ters you or who abuses, never look at another flag, never let a night 
pass but you pray God to bless that flag. Remember, boy, behind all 
these men you have to do with, behind offices and government and 
people even, there is the Country herself, your Country, and that you 
belong to her as you belong to your own mother. Stand by her, boy, 
as you would stand by your mother. — Edward Everett Hale, in A 
Man Without a Country" 

Form of Government ; Constitution Supreme. — We have 
a republican form of government. It is so called because it 
is a government by representatives of the people. Each 
state has a republican form of government. The people of 
the Union comprise the national or federal government. The 
federal government has certain enumerated powers and those 
which arise from necessary implication (to carry those 
powers into effect) only. The states have all other powers 
not prohibited to them by the federal constitution. As here- 
tofore stated, each within its sphere has sovereign powers. 
It is, however, expressly provided in Article VI that 

"This constitution, and all laws of the United States, which shall 
be made in pursuance thereof, and all treaties made or which shall be 
made under the authority of the United States, shall be the supreme 
law of the land, and the judges in every state shall be bound thereby, 
anything in the constitution or laws of any state to the contrary 
notwithstanding." 

124 



THE NAT! 

All Officers Must Take Oath. — It is further provided 
that senators and representatives, members of legislatures, 
and all executive and judicial officers, national and state, 
shall take an oath to support the constitution of the United 
States. 

Similarity of Federal and State Governments. — It will 
be seen, therefore, that we have two classes of government 
in the United States, federal and state. The federal govern- 
ment is divided into three branches, legislative, executive, 
and judicial. Each state makes the same division. The head 
of the nation is the president. The chief executive of a state 
is the governor. The executive branch of the nation exer- 
cises its authority through the president and departments. 
The executive branch of a state exercises its authority 
through the governor and the heads of the several depart- 
ments. There is a vice-president. The state has a lieutenant- 
governor. The nation has a congress, composed of a senate 
and house of representatives. The state has a legislature, 
composed of senate and house. There is a national judiciary 
composed of a supreme court and inferior courts. The state 
has a judicial system, including a supreme court and inferior 
courts. The student will see at once, therefore, that the fed- 
eral and state governments are very similar. 

LEGISLATIVE DEPARTMENT 

Congress; Members. — All legislative powers are vested 
in congress, consisting of a senate and house of representa- 
tives. The members of the house are elected even- two 
years, while senators hold their office for six years, one-third 
of the latter being elected every two years. Representatives 
must be at least twenty-five, and senators at least thirty, years 
of age. Representatives and direct taxes are to be appor- 
tioned among the several states, which shall be determined 
by adding to the whole number of free persons, including 
those bound to service for a term of years, and excluding 
Indians not taxed, three-fifths of all other persons. "Other 
persons" referred to were slaves. This provision was 



126 OKLAHOMA CIVIL GOVERNMENT 

amended, in so far as it related to the representatives, by 
section two of the fourteenth amendment, which provided 
that all persons should be counted, except Indians not taxed. 
The fourteenth amendment was passed after the war. The 
number of representatives provided in the constitution was 
fixed at one for every thirty thousand; but this ratio has 
steadily increased, until the ratio now is one for nearly two 
hundred thousand. The number of representatives in the 
first house was 65. Now it is 391. The number of senators 
in the first senate was 26. Now it is 92. When vacancies 
occur in representation from a state, they shall be filled by 
writs of election, issued by the governor. The manner of 
filling a vacancy in the office of representative is provided by 
law in each state. The presiding officer of the house is the 
speaker. The house has the sole power of impeachment, and 
of originating bills of revenue. The manner of election of 
president and vice-president, in which the house participates, 
is referred to in another place. (See Executive Department.) 

Senate; Election; Organization; Powers. — Under the 
constitution, two senators are elected by the legislature of 
each state, and their term of office is six years. In some states 
preferential primaries are held. (See p. 47.) Each senator 
has one vote. The governor of a state appoints a person to 
fill any vacancy in the senate. A senator must have been nine 
years a citizen of the United States, and an inhabitant of the 
state for which he shall be chosen. The presiding officer of 
the senate is the vice-president, but the latter has no vote un- 
less the senate be equally divided. The senate shall choose its 
other officers, including a president pro tempore, who presides 
in the absence of the vice-president. The senate shall have 
the sole power to try all impeachments, and when sitting for 
that purpose, the senators shall be under oath or affirmation. 
When the president of the United States is tried, the chief 
justice of the supreme court shall preside, and two-thirds of 
the members present must concur in order to convict. Judg- 
ment in cases of impeachment shall extend only to removal 



THE NATION 127 

from office, and disqualification to hold any other office ; but 
the party convicted may also be subject to indictment and trial. 

Senate, Continued; When Congress Meets. — Each state 
regulates the time and manner of holding elections for sen- 
ators and representatives, except that senators must be 
elected by the legislature. Congress may, however, make or 
alter such regulations. Congress assembles once every year, 
upon the first Monday in December. There is a long session 
and a short session every alternate year, the short session ad- 
journing at noon on the fourth day of March, but the long 
session may continue for a year, or until the time for con- 
vening the next session. 

Senate and House; Rules of Proceedings. — Each house 
is the judge of the election and qualification of its own mem- 
bers. No other power can interfere with the exercise of this 
power. A majority of each constitutes a quorum. Each 
house determines the rules of its proceedings, may punish 
members for misconduct, and by a two-thirds vote may expel 
a member. Each house shall keep a journal of its proceed- 
ings, and the vote by yea and nay, that is, the vote by indi- 
vidual members, may be entered on the journal upon request 
of one-fifth of those present. Neither house during the ses- 
sion of congress may, without the consent of the other, ad- 
journ for more than three days, nor to any other place than 
that in which the two houses may be sitting. 

Members; Compensation; Privileged from Arrest. — The 
compensation of members is provided by act of congress. 
It is now fixed at seven thousand five hundred dollars per 
year. Each member is privileged from arrest while attending 
sessions, except for treason, felony, or breach of the peace, 
and may not be questioned in any other place for anything 
said in congress. No senator or representative shall during 
his term hold any civil office under the authority of the 
United States, which shall have been created, or the com- 
pensation whereof shall have been increased, during such 
time. 



128 OKLAHOMA CIVIL GOVERNMENT 

Passage of Bills. — All revenue bills must originate in 
the house. After passage there, they are sent to the senate. 
A bill, in order to become a law, must be passed by a ma- 
jority vote of each house. It is then sent to the president, 
and the latter may approve or disapprove it. If he disap- 
proves the bill, it is sent back to the house in which it orig- 
inated, and if that house and the other house pass the bill by 
a two-thirds vote, it shall become a law. If any bill shall 
not be returned by the president to the house in which it 
originated within ten days (Sundays excepted), it shall 
nevertheless become a law, unless congress, by its adjourn- 
ment, prevent its return, in which case it shall not be a law. 

Powers of Congress. — As heretofore stated, congress has 
only such powers as are expressly given it in the constitu- 
tion, or arise by necessary implication. The express powers 
are as follows: 

To provide for the national revenues. 

To borrow and coin money, provide punishment for coun- 
terfeiting coins, and fix the standard of weights and measures. 

To regulate commerce. 

To provide for naturalization of citizens, and to provide a 
uniform law on bankruptcy. 

To establish post-offices and post-roads. 

To provide for copyrights and patents for authors and 
inventors. 

To constitute tribunals inferior to the supreme court. 

To define and punish treason, piracies, felonies on the high 
seas, and offenses against the law of nations. 

To declare war, raise and support armies and navies, and 
make all necessary rules for the government of the land and 
naval forces. 

To provide for the organization and calling forth of the 
state militia. 

To exercise exclusive legislation over the seat of govern- 
ment, and other places under the exclusive jurisdiction of 
the United States. 



THE NATION 

To provide for choosing elector- for president and vice- 
president. 

To prescribe the manner in which acts, records, and pro- 
ceedings of one state may be proved in another state. 

To admit new states into the Union. 

To propose amendments to the constitution. 

To make all laws necessary and proper for carrying into 
execution the powers given by the constitution. 

To provide for the enforcement of the thirteenth, four- 
teenth, and fifteenth amendments. 



Suggestive Questions 

1. How are the legislative powers of government vested? 

2. Of what does congress consist? 

3. Give the qualifications, powers, term, and duties of senators. 

4. Give the qualifications, powers, term, and duties of representa: 

5. What provision was first made relative to slave 

6. What is the ratio of representation in the hous< 

7. What is the membership of the senate and house? 

8. How are vacancies in the senate and house filled? 

9. Who is the presiding officer of the senate? Of the house? 

10. What house presents impeachments, and what house tries* them? 

11. When the president is impeached, how is he tried? 

12. How are senators elected? 

13. When does congress assemble? 

14. What is the length of the long and short sessions? 

15. What is said of the powers of each house? 

16. What is the compensation of memtx 

17. Are members privileged from arrest? 

18. What provision is made relative to revenue bills? 

19. How may a bill become a law? 

20. What are the express powers of congress? 



EXECUTIVE DEPARTMENT 

President and Vice-President. — The executive power of 
the federal government is vested in the president, who, to- 
gether with the vice-president, holds office four years. 

Election of President and Vice-President. — As a matter 
of fact, the people do not vote directly for president and 
vice-president, but they vote for electors, who in their turn 



130 OKLAHOMA CIVIL GOVERNMENT 

vote for president and vice-president. Each state has the 
same number of electors as it has senators and congressmen. 
It frequently happens that the people cast the most votes for 
certain candidates for president and vice-president, who, 
however, are not elected because the opposing candidates re- 
ceive the majority of the electoral votes. 

Manner of Election. — Article II is now superseded by 
the twelfth amendment. The constitution originally provided 
that the person receiving the highest number of votes should 
be president, and the person receiving the next highest 
should be vice-president. This would naturally result in the 
president and vice-president being of opposite political views. 
At present the electors cast their ballots for president and 
vice-president, and send them sealed to the president of the 
senate, who, in the presence of both houses, opens them. The 
persons receiving the greatest number of electoral votes, if 
it be a majority, are declared president and vice-president. 
If no person receives a majority, the house of representatives 
elects the president, and the senate elects the vice-president. 
Only once in the history of the nation has a dispute arisen 
over the proper procedure, and this occurred in the election 
of President Hayes in 1877. In that case a joint high com- 
mission was created to determine the disputed election re- 
turns from some of the states. 

President and Vice-President; Qualifications; Succes- 
sion to Presidency. — The president and vice-president 
must be native citizens of the United States, and at least 
thirty-five years of. age. In case of death of the president, 
or his inability to act, the vice-president shall become presi- 
dent, or perform the duties of president. Alter the vice- 
president, the order of succession to the presidency is as fol- 
lows : secretary of state ; secretary of the treasury ; secretary 
of war; attorney-general; postmaster-general; secretary of 
the navy ; secretary of the interior ; secretary of agriculture ; 
secretary of commerce and labor. 

The President; Powers and Duties. — The president is 
commander-in-chief of the army and navy ; has the power to 



THE NATION 131 

grant reprieves and pardons for offenses against the United 
States, except in cases of impeachment; has the power, by 
and with the advice and consent of the senate, to make 
treaties, and to appoint ambassadors, judges of the United 
States courts, cabinet officers, and all other appointive of- 
ficers in the employ of the United States, unless their ap- 
pointment is otherwise provided for by act of congress or the 
constitution. The president has power to convene both 
houses, or either of them, in extraordinary session ; shall 
communicate to them from time to time on the state of the 
Union (the custom has been to do this by written message at 
least once a year at the opening of congress) ; shall have 
power to fill vacancies in appointive positions; may adjourn 
congress in case of its disagreement ; shall receive am- 
bassadors and other public ministers ; shall take care that all 
laws be faithfully executed ; and shall commission all officers 
of the United States. 

Executive Departments. — The business of the executive 
branch of the government is carried on through departments. 
The head officer of each department is a member of the cab- 
inet. The cabinet, according to custom, meets at the White 
House twice a week, and all matters of public import are 
discussed at such meetings. The head of each department is 
responsible for the conduct of that department, and the presi- 
dent usually follows the advice of his cabinet in all his of- 
ficial actions. Each head of a department makes an annual 
report to the president, setting forth the conduct and needs of 
his department. Congress has at different times in the his- 
tory of the nation created these various departments, and 
placed a cabinet officer at the head of each. At present they 
are as follows : State, War, Navy, Justice, Treasury, Interior, 
Post-office, Agriculture, Commerce and Labor. 

Heads of Departments. — The head of each department 
is designated "secretary," as "secretary of state," etc. ; except 
the department of justice and the post-office department, the 
heads of those departments being designated "attorney- 
general" and "postmaster-general," respectively. 



132 OKLAHOMA CIVIL GOVERNMENT 

Bureaus and Divisions. — Each department has a number 
of bureaus, or divisions, and these may be found below. 1 

Intercourse with Foreign Nations. — The state depart- 
ment carries on the business of the government with the va- 
rious states and with foreign nations. The president ap- 
points an ambassador, minister, or consul to each foreign 
country, and his duty is to look after American interests, 
and report to the state department. The other departments 

^Department of State. — United States and Mexican water boundary 
commission. 

Department of ^ the Treasury. — Supervising Architect, Bureau of 
Engraving and Printing, Secret Service Division, Life-Saving Service, 
Comptroller of the Treasury, Register of the Treasury, Auditor for 
the Treasury Department, Auditor for the War Department, Auditor 
for the Interior Department, Auditor for the Navy Department, 
Auditor for the State and other departments, Auditor for the Post- 
office Department, Treasurer of the United States, National Bank 
Redemption Agency, Comptroller of the Currency, Commissioner of 
Internal Revenue, Director of the Mint, Bureau of Public Health 
and Marine Hospital Service, Revenue-Cutter Service, Custom 
House. 

Department of War. — General Staff, Office of the Adjutant-Gen- 
eral, Office of the Inspector-General, Office of the Judge-Advocate- 
General, Office of the Quartermaster-General, Depot Office, Office of 
the Commissary-General, Office of the Surgeon-General, Army Medi- 
cal Museum and Library, Office of Attending Surgeon, Office of the 
Paymaster-General, Office of Post Paymaster, Office of the Chief of 
Engineers, Office of the Chief of Ordinance, Office of the Chief Sig- 
nal Officer, Office of the Chief of Artillery, Bureau of Insular Affairs, 
Office of Public Buildings and Grounds and Washington Monument, 
Office of Washington Aqueduct, Board of Ordnance and Fortification. 

Department of Justice. — Solicitor-General, Assistant to the Attor- 
ney-General, Assistant Attorneys-General, Assistant Attorney-General 
for Interior Department, Solicitor for the Department of State, 
Solicitor of the Department of Commerce and Labor, Solicitor of 
Internal Revenue, Assistant Attorneys, Special Attorneys, Special 
Assistant Attorneys, Law Clerk and Examiner of Titles, Superin- 
tendent of Prisons and Prisoners, Attorney in Charge of Pardons, 
Chief Examiner, Office of the Solicitor of the Treasury, Spanish 
Treaty Claims Commission. 

Post-office Department. — Office of the First Assistant Postmaster- 
General, Office of the Second Assistant Postmaster-General, Office 
of the Third Assistant Postmaster-General, Office of the Fourth As- 
sistant Postmaster-General. 

Department of the Navy. — Office of the Admiral of the Navy, 
Bureau of Yards and Docks, Bureau of Equipment, Hydrographic 
Office, Naval Observatory, Bureau of Navigation, Office of Naval 



THE NATION 

have jurisdiction over the matters indicated by the various 
divisions and bureaus. 

Impeachment. — The president, vice-president, and all 
civil officers of the United States may be removed from office 
on impeachment for and conviction of treason, bribery, and 
other high crimes and misdemeanors. 

Salary of President and Vice-President. — The salary of 
the president is seventy-five thousand dollars, and that of the 
vice-president twelve thousand dollars, per year. 



Intelligence, Bureau of Ordnance, Bureau of Construction and Re- 
pair, Bureau of Steam Engineering, Bureau of Supplies and Accounts, 
Bureau of Medicine and Surgery, Office of the Judge-Advocate- 
General, Navy Yard and Station, Washington, D. C, Navy Pay 
Office, Naval Hospital, Naval Medical School, Naval Medical School 
Hospital, Naval Dispensary, General Board, Board of Inspection and 
Survey, Naval Examining Board, Naval Retiring Board, Board of 
Medical Examiners, Headquarters Marine Corps. Marine Barracks. 

Department of the Interior. — General Land Office, Patent Office, 
Bureau of Pensions, Pension Agency, Office of Indian Affairs, Bu- 
reau of Education, Office of the Geological Survey, Reclamation 
Service. 

Department of Agriculture. — Weather Bureau, Bureau of Animal 
Industry, Bureau of Plant Industry, Forest Service, Bureau of Chem- 
istry, Bureau of Soils, Bureau of Statistics, Bureau of Entomology, 
Bureau of Biological Survey, Office of Experiment Stations, Division 
of Accounts and Disbursements, Division of Publications, Librarv, 
Office of Public Roads. 

Department of Commerce and Labor. — Bureau of Corporations, 
Bureau of Manufactures, Bureau of Labor, Light-House Board, Bu- 
reau of the Census, Coast and Geodetic Survey, Bureau of Statistics, 
Steamboat Inspection Service, Bureau of Fisheries, Bureau of Navi- 
gation, Bureau of Immigration and Naturalization Bureau of Stand- 
ards. 

Independent and Miscellaneous. — Smithsonian Institution, National 
Museum, Bureau of American Ethnology, International Exchanges, 
National Zoological Park, Astrophysical Observatory, Regional Bu- 
reau for the United States, International Catalogue of Scientific Lit- 
erature, International Bureau of the American Republics, Interstate 
Commerce Commission, Civil Service Commission, Government 
Printing Office, United States Geographic Board, National Botanic 
Garden, National Home for Disabled Volunteer Soldiers, Soldiers' 
Home, Isthmian Canal Commission, Commission to the Philippine 
Islands, International Waterways Commission, American National 
Red Cross, Columbia Institution for the Deaf and Dumb, Govern- 
ment Hospital for the Insane. Howard University, Washington City 
Post-office. 



134 OKLAHOMA CIVIL GOVERNMENT 

Suggestive Questions 

1. In what officer is the executive power vested? 

2. What is the term of the president and vice-president? 

3. How are the president and vice-president elected? 

4. What are the qualifications for president and vice-president? 

5. What is the order of succession to the presidency? 

6. What are the powers of the president? 

7. What is the cabinet? 

8. What is the duty of the head of a department? 

9. Into what departments is the executive branch divided? 

10. Enumerate the bureaus or divisions in each department: (a) De- 

partment of state; (b) Department of the treasury; (c) De- 
partment of war; (d) Department of justice; (e) Post-office 
Department; (f) Department of the navy; (g) Department of 
the interior; (h) Department of agriculture; (i) Department 
of commerce and labor; (/) Independent and miscellaneous. 

11. What is said about ambassadors, ministers, and consuls? 

12. How may the president, vice-president, and all civil officers be 

removed from office? 

13. What is the salary of the president and vice-president? 



JUDICIAL DEPARTMENT 

Supreme, Circuit, and District Courts. — The judicial 
power of the United States is vested in the supreme court, 
and such other courts as may be created by congress. The 
number of supreme judges is now fixed by act of congress 
at nine. Each state has one or more federal district court 
districts. There are also nine circuit court districts, or cir- 
cuits with three or more judges for each circuit. These 
judges constitute the circuit court of appeals, which hears 
cases on appeal from district courts within the circuit. 

Jurisdiction. — The United States courts have jurisdic- 
tion in all cases arising under the constitution, laws of the 
United States, or treaties ; affecting ambassadors, other pub- 
lic ministers, and consuls; arising on the high seas, or re- 
lating to admiralty; in all cases of controversy between dif- 
ferent states, between citizens thereof, and between citizens 
claiming lands under grants of different states. It will be 
seen, therefore, that unless a case comes within the pro- 
visions above mentioned, it is brought in the state courts, 
and the state supreme court is the highest court in the state. 



THE NATION 135 

But in all cases involving any of the questions within the 
provisions above mentioned, suit must be brought in the 
United States district court, and may be appealed to the 
supreme court of the United States. Wherever a suit involv- 
ing a federal question (and by that is meant any question 
relating to the constitution or laws of the United States) is 
brought, an appeal may be taken from the state courts in like 
manner to the supreme court of the United States. The 
supreme, circuit, and district judges hold office for life. 



Suggestive Questions 

1. In what is the judicial power vested? 

2. Describe the federal courts. 

3. When may a suit be brought in the United States courts? 

4. How long do federal judges hold office? 



BILL OF RIGHTS 

Under this title it is intended to enumerate those rights 
guaranteed by the federal constitution to the individual citi- 
zen, with a reference to our own constitution, where the 
latter instrument adds additional rights or restrictions. 

We have already stated that the federal constitution con- 
tains no bill of rights. It does, however, limit in a few 
instances the power of congress over certain individual 
liberties as follows: 

Habeas Corpus. — Article I, section 9, provides that "the 
privilege of the writ of habeas corpus shall not be suspended, 
unless when, in cases of rebellion or invasion, the public 
safety may require it." The writ of habeas corpus is a writ 
issued by a court to ascertain why an individual is restrained 
of his liberty. The foregoing provision prevents the sus- 
pension of this writ, except in cases of rebellion or invasion. 

Bill of Attainder; Ex Post Facto Law. — It is further 
provided in the same section that no bill of attainder or ex 
post facto law shall be passed. Attainder is defined to be the 
"stain or corruption of the blood of a criminal capitally con- 



136 OKLAHOMA CIVIL GOVERNMENT 

demned ; the immediate, inseparable consequence of the com- 
mon law on the pronouncing of sentence of death." An 
ex post facto law, in one sense, is one that makes an action 
criminal which was not so at the time it was committed. 
Under our federal and state constitutions, no acts of this 
nature can be passed. 

Trial by Jury; No Religious Test Required. — The con- 
stitution further provides that the trial of all crimes, except 
in cases of impeachment, shall be by jury; defines treason: 
and provides that no religious test shall be required as a 
qualification for office. 

Aside from the features above mentioned, there is no 
enumeration of the rights of the individual citizen. 

Enumeration of Rights of Individuals Contained in 
First Ten Amendments. — The enumeration of rights is 
contained in the first ten amendments to the federal constitu- 
tion. These rights were all denied the colonies by the mother 
country, and were moving causes of the Revolution. 

Rule of Construction. — The rule of construction hereto- 
fore mentioned should be kept in mind; that is, that these 
amendments are restrictions upon the power of congress, and 
not upon the state. However, our state constitution contains 
practically the same provisions, which are likewise restric- 
tions upon the power of the state legislature to pass laws 
relating to the subjects mentioned. We will refer to these 
amendments briefly: 

First Amendment. — The constitution provides that no 
religious test shall be required as a qualification for office, 
but the first amendment goes farther, and provides that no 
law shall be passed respecting religion or prohibiting the 
free exercise thereof. It prohibits, further, the enactment of 
any law "abridging the freedom of speech or of the press, or 
the right of the people peaceably to assemble. " 

The Second Amendment provides that "the right of the 
people to keep and bear arms shall not be infringed/' and 
permits a state militia. / 



THE NATION 

The Third Amendment provides that no soldier shall be 
quartered in one's house without the owner's consent in time 
of peace, and in time of war only as provided by law. 

The Fourth Amendment provides that one's person, 
house, papers, and effects shall not be searched except where 
warrant has been issued, and this warrant must particularly 
describe the place to be searched, can only issue where there 
is reason to believe the law has been violated, and must be 
sworn to by some person. 

The Fifth Amendment provides that no person shall be 
held to answer for a capital or otherwise infamous crime, 
unless on presentment or indictment of a grand jury, except 
in the army or navy during war. In the latter case a person 
may be tried peremptorily by a court martial. rate 

constitution differs from the foregoing provision in one im- 
portant particular, which is contained in Section 2o. This 
permits the commencement of a prosecution by. filing an in- 
formation. This has been referred to in treating of the bill 
of rights of the state constitution. 

The amendment further provides that no person shall be 
"subject for the same offense to be twice put in jeopardy 
of life or limb," which means that no person shall be tried 
for the same offense twice. It further provi les that no 
person shall be compelled, to be a witness against trims 
"nor be deprived of life, liberty or property without due 
process of law" (that is, he shall have notice of the proceed- 
ings against him, and a right to be heard in his defense 
"nor shall private property be taken for public use without 
just compensation" (which means that one's property, where 
it is desired for public purposes, must be condemned, and 
the owner paid its reasonable value). Our state constitution 
(Section 33) regulates specifically the procedure in cases 
covered by the last clause. It also contains a requirement 
(Section 36) that no person shall be excused from giving 
evidence against any other person or corporation on the 
ground that it may tend to incriminate him. This has 



13€ OKLAHOMA CIVIL GOVERNMENT 

already been referred to in treating the bill of rights of our 
state constitution. 

The Sixth Amendment relates to the trial of one charged 
with crime. It guarantees a speedy trial by an impartial 
jury of the state or district where the crime was committed; 
that the accused be informed of the nature of the accusation; 
that if he is unable to secure witnesses by reason of being too 
poor, or for other cause, the witnesses be compelled to appear 
in his behalf; and that he have the assistance of counsel in 
his defense. Under this amendment, the vilest criminal is 
assured an impartial trial and the assistance of able counsel 
to protect his legal rights. In accordance with this guaranty, 
two of the ablest lawyers in New York were assigned by the 
court to defend the assassin Czolgoz. 

The Seventh Amendment provides that in suits at com- 
mon law (which includes any right accruing to a person for 
which he might have recompense or redress), where the 
value in controversy exceeds twenty dollars, he may have a 
trial by a jury, and that where a fact once tried by a jury is 
to be re-examined, the rules of the common law shall control. 
The common law is the law decided by the courts of Eng- 
land in the absence of statute, from time immemorial. 

The Eighth Amendment prohibits excessive bail, ex- 
cessive fines, and cruel and unusual punishment. What is 
excessive, cruel, and unusual, is not defined. These penalties 
and punishments, therefore, unless provision is expressly 
made by act of congress (and even then it must not contra- 
vene the provision just mentioned), are left to the discre- 
tion of the judge, to be exercised according to the dictates of 
reason and humanity. This amendment was invoked in the 
recent case against the Standard Oil Company, on the 
ground that the fine was excessive, where that corporation 
was fined twenty-nine million dollars. 

The Ninth and Tenth Amendments. — In order to make 
more clear the reservation of the people's rights, it is pro- 
vided in these two amendments that the enumeration of 
certain rights shall not be construed to deny to the people 



THE NATION 

other rights retained by them ; and that the powers not dele- 
gated to the federal government by the constitution, nor pro- 
hibited by it to the states, are reserved to the states or to 
the people. To put it conversely, the people and the states 
have all rights and powers, in addition to those enumerated 
in the constitution, which are not delegated to the United 
States or prohibited to the states or the people. 

The Eleventh Amendment provides that "the judicial 
power of the United States shall not be construed to extend 
to any suit in law or equity, commenced or prosecuted 
against one of the United States by citizens of another state, 
or by citizens or subjects of any foreign state." 

This amendment was passed in consequence of the decision 
of the supreme court, holding that a state could be sued by a 
citizen of another state for a debt. Since the passage of 
the eleventh amendment this cannot be done. 

The Twelfth Amendment has taken the place of Article 
II of the constitution. This amendment regulates the man- 
ner of election of president and vice-president. We treated 
of this amendment under "Executive Department.'* 

The Thirteenth Amendment abolishes slavery. 

The Fourteenth Amendment provides that all persons 
born or naturalized in the United States, and subject to the 
jurisdiction thereof, are citizens of the United States and 
of the state wherein they reside. This included former 
slaves. 

It further provides, as we have stated under '"Legislative 
Department," that representatives in congress shall be ap- 
portioned among the states according to their respective 
numbers, counting the whole number of persons in the state 
except Indians not taxed. It further provides that if the 
right to vote is in any way denied to the male inhabit;, 
of a state who are under twenty-one years of age, the basis 
of representation in the house of representatives shall be re- 
duced in the proportion which that number bears to the total 
number of male persons. The purpose of this clause was to 
reduce representation in the southern states, where it was 



140 OKLAHOMA CIVIL GOVERNMENT 

claimed the right to vote was denied the negro. However, 
this provision has never been enforced by congressional 
legislation. 

The amendment further provides that no person shall hold 
any office, who, having previously taken an oath as an officer 
to support the constitution of the United States, shall have 
engaged in insurrection against the United States. Con- 
gress, however, is given power to remove such disability, 
and it did so in 1898. 

All war debts of the United States are made valid, and all 
debts made in aid of insurrection or rebellion are declared 
illegal and void. 

Two of the most important provisions of the constitution 
are contained in this amendment. These deny to a state 
the right to "deprive any person of life, liberty or property 
without due process of law," or to deny to any person the 
equal protection of the laws. "Due process of law" consists 
in notice to a person of proceedings against him, and a right 
to be heard in his own behalf. "Equal protection of the 
laws" means equal right to go to the courts for the correc- 
tion of wrongs and the enforcement of rights, and freedom 
from unequal burdens of any kind. It simply prevents the 
states from doing that which will deprive of property, 
not from regulating the use of property. 

The Fifteenth Amendment provides that the right of 
citizens to vote shall not be denied or abridged on account 
of race, color, or previous condition of servitude. This 
amendment was designed to give full and complete political 
rights to former slaves, and it grew out of the conditions 
attending the Civil War. 



Suggestive Questions 

1. What is said in the constitution about the rights of individuals? 

2. What provision is contained relative to the writ of habeas corpus? 

3. What is the writ of habeas corpus? 

4. What provision is contained relative to bills of attainder and ex 

post facto laws? 



THE NATION mi 

5. What is a bill of attainder? What is an ex post facto lav. 

6. What provision is contained relative to trial by jury and qualifica- 

tion for office? 

7. What are the first eight amendments to the constitution commonly 

called? 

8. What is the rule of construction relative to the restrictions upon 

the powers of congress and of the states? 

9. What does each of the amendments provide? 



POWERS PROHIBITED TO THE STATES 

As heretofore stated, the states and the people have all the 
powers not expressly or by necessary implication granted to 
the federal government, nor prohibited by the constitution 
to the states. The instances in which powers are expn 
prohibited to the states are few, as follows (Article 1. 5 
io): 

No state shall enter into any treaty, alliance, or confederation; 
grant letters of marque and reprisal; coin money; emit bills of credit; 
make anything but gold and silver coin a tender in payment of debts; 
pass any bill of attainder, ex post facto law, of law impairing the obli- 
gation of contracts, or grant any title of nobility. 

No state shall, without the consent of the congress, lay any imposts 
or duties on imports or exports, except what may be absolutely 
necessary for executing its inspection law-; and the net produce of all 
duties and imposts, laid by any state on imports or exports, shall be 
for the use of the treasury of the United States; and all such law- 
shall be subject to the revision and control of the congress. 

No state shall, without the consent of congress, lay any duty 
tonnage, keep troops, or ships of war in time of peace, enter into any 
agreement or compact with another state, or with a foreign power, 
or engage in war, unless actually invaded, or in such imminent dan- 
ger as will not admit of delay. 

No senator or representative may be elected an elector. 
(Art. II, Sec. 1.) 

Slavery is abolished (XHIth Amendment). 

No state shall make or enforce any law abridging the 
privileges or immunities of citizens of the United States, nor 
deprive any person of life, liberty, or property without due 
process of law, nor deny to any person within its jurisdiction 
the equal protection of the laws (Amend. XIV, Sec. 1) ; nor 
shall any state, where a person is charged with crime, or is 



142 OKLAHOMA CIVIL GOVERNMENT 

held to service or labor in one state, and escapes to another 
state, pass any law discharging such person (Art. IV, Sec. 2). 

No state shall assume to pay any debt incurred in aid of 
insurrection or rebellion against the United States, or any 
claim for the emancipation of any slave; but all such debts 
and claims shall be held illegal and void (Amend. XIV, 
Sec. 4). 

The right of a citizen of the United States to vote shall 
not be denied or abridged on account of race, color, or pre- 
vious condition of servitude (Amend. XV, Sec. 1). 

Suggestive Questions 

1. What is said about the power of a state relative to treaties, coin- 

ing money, bills of credit, bills of attainder, ex post facto laws, 
title of nobility? 

2. What is said about imposts and duties laid by states ? 

3. May a senator or representative be an elector? 

4. What is said about slavery? 

5. What limitation is placed upon the states relative to : (a) Citizens 

of the United States? (b) Life, liberty and property? (c) Equal 
protection of the laws? (d) Debts incurred in insurrection? 
O) Right to vote? 



POWERS PROHIBITED TO THE UNITED STATES 

We have already enumerated the powers which are ex- 
pressly given to congress. To make more clear, however, 
the denial of powers to the federal government, the latter is 
expressly prohibited in the following cases (Art. II, Sec. 9) : 

The importation of slaves is prohibited after the year 1808. 

The provisions relating to the writ of habeas corpus, 
ex post facto laws, and bills of attainder have already been 
referred to in the subdivision, "Bill of Rights." 

No direct tax shall be laid except as provided in Section 2 
of Article I. 

No tax or duty shall be laid on articles exported from any 
state, and no preference shall be given to the ports of one 
state over another. 

Appropriation by congress must be specifically made for 



THE NATION 

all money drawn from the treasury, and a statement of re- 
ceipts and expenditures published from time to time. 

No title of nobility shall be granted. 

The United States shall not assume to pay any debt in- 
curred in aid of insurrection or rebellion, or any claim for 
the emancipation of any slave; but all such debts and claims 
shall be held illegal and void (Amend. XIV, Sec. 4). 

No religious test shall ever be required as a qualification 
to any office or public trust under the United States. 

The provisions of the fifteenth amendment have already 
been referred to. 

Suggestive Questions 

1. After what year was the importation of slaves prohibited? 

2. Under what circumstances may a direct tax be laid ?• 

3. What is said about articles exported from a state, and the 

ports of the different states? 

4. How may money be drawn from the treasury? 

5. May the United States grant a title of nobility? 

(). What provision is made relative to emancipation of slare*, and 

debts incurred in insurrection? 
7. What provision is made relative to religious test? 



MISCELLANEOUS PROVISIONS 

Under this head it is intended to include all the provisions 
of the federal constitution not treated in other chapters. The 
following provisions are contained in Article IV: 

Each state shall give full faith and credit to the laws and 
proceedings of every other state. 

Citizens of each state are entitled to the privileges and 
immunities of citizens in the several states. 

The United States guarantees to every state a republican 
form of government, and shall protect each of them in case 
of invasion, and on application of the legislature or governor 
of any state, against domestic violence. 

The following provisions are contained in Article VI : 

All debts contracted prior to the adoption of the constitu- 
tion are made valid. 



U4 OKLAHOMA CIVIL GOVERNMENT 

All officers are required to take an oath to support the 
constitution. 

The ratification of nine states is declared to be sufficient 
for the establishment of the constitution in the states so rati- 
fying the same (Art. VII). 

No state shall without its consent be deprived of its equal 
suffrage in the senate (Art. V). 



Suggestive Questions 

1. What is the "full faith and credit'' clause of the constitution? 

2. What are the privileges and immunities of citizens of the several 

states? 

3. What form of government is guaranteed to each state? 

4. When may the United States interfere in the domestic affairs of 

a state? 

5. What is said about debts contracted prior to the adoption of the 

constitution ? 

6. What must all officers do before entering upon their duties? 

7. How many states were necessary to ratification of the constitution? 
8 f Under what circumstances may a state be deprived of its repre- 
sentation in the senate? 



AMENDMENT OF THE CONSTITUTION 

The federal constitution may be amended in the following 
ways : Congress, when two-thirds of both houses vote 
therefor, shall propose amendments, or on application of 
the legislatures of two-thirds of the states, shall call a con- 
vention to propose amendments, which, in either case, must 
be ratified by the legislatures of three-fourths of the states, 
or by conventions in three-fourths thereof, as may be pro- 
posed by congress. 

The power of the people in their sovereign capacity to 
amend the constitution is without limit. 

Suggestive Question 

1. How mav the constitution be amended? 



THE NATION 



THE TERRITORIES. 

We have two territories : Hawaii and Alaska. The first is 
an organized territory, and its government is similar to the 
old territorial government of Oklahoma. Alaska is also an 
unorganized territory. It has no legislature. Congress en- 
acts all laws, and its administrative and judicial officers are a 
governor, surveyor-general, attorneys, judges, and others, 
appointed by the president. The judges appoint commission- 
ers, who act as justices of the peace, recorders, probate judges, 
and perform additional duties. Alaska has a delegate in 
congress. 

Hawaii. — Hawaii is an organized territory. It came into 
our possession by virtue of the joint resolution of congress 
of July 7, 1898, and upon April 30, 1900, the constitution 
of the United States was extended over it, and territorial 
government provided. Upon the 12th of August the formal 
transfer took place, and the American flag was raised over 
the government house. 

There is a legislature, consisting of a senate with fifteen 
members, and house of representatives with thirty members. 
The senators hold office four years, and the members of the 
house are elected every ' general election. The executive 
officers are a governor, secretary, attorney-general, treasurer, 
commissioner of public lands, commissioner of agriculture 
and forestry, superintendent of public works, superintendent 
of public instruction, auditor, deputy auditor, surveyor, and 
high sheriff. The governor and secretary are appointed by 
the president, and the governor appoints the other officers, 
as well as a board of prison inspectors, board of registra- 
tion, and inspectors of election. The judicial department is 
vested in a chief justice and two associate justices, and cir- 
cuit judges, who hold office for four years. The above offi- 
cers must be citizens of Hawaii. There is also a United 
States district court, and the president appoints a judge, 



146 OKLAHOMA CIVIL GOVERNMENT 

attorney, and marshal of said court. Hawaii has a dele- 
gate in congress. 



DISTRICT OF COLUMBIA 

The tract of land included in the District of Columbia was 
ceded to the United States by virtue of Article I, Section 8, 
of the federal constitution. 

Congress exercises exclusive jurisdiction over the District 
of Columbia, and legislates in all matters for it. From 1871 
to 1874 the district was upon a territorial basis and had a 
governor. Since the latter year it has been governed by 
commissioners appointed by the president. The president 
also appoints the judges of the supreme court, and other ju- 
dicial officers, while the commissioners appoint the subor- 
dinate municipal officers. 

Suggestive Questions 

1. What territories have we? 

2. What form of government has Arizona and New Mexico? 

3. What kind of government has Alaska? 

4. When was Hawaii annexed? 

5. Define its government. 

6. How did we come into possession of the District of Columbia? 

7. How is the District of Columbia governed? 



CHAPTER XIV 

OUR INSULAR POSSESSIONS 

Xo study of civil government in this country would be 
complete without a brief investigation of the systems of 
government in our insular possessions. As a result of the 
war with Spain, we came into possession of the Philippines. 
Cuba, Porto Rico, and Guam. These islands were ceded to 
u^ by the Treaty of Paris on December 10, 1898. Cuba 
has since been given independence. Still more recently we 
have come into possession of what is known as the "Canal 
Zone," and we are building the Panama Canal. Excepting 
Cuba (over which we exercise what might be termed a pro- 
tectorate), we maintain in each of these a different system of 
govermment, all under the supervision of the bureau of in- 
sular affairs in the war department at Washington. We will 
examine them briefly. 

THE PHILIPPINES 

Form of Government; When Established; Judiciary. — 

The present government of the Philippines was established 
by the order of April ?, 1900, creating the Philippine com- 
mission, and defining its powers ; that of June 11, 1900, cre- 
ating a judiciary; that of June 21, 1901, creating the offices 
of governor, and vice-governor ; the act of the Philippine 
commission of September 6, 1901, organizing the depart- 
ments of the interior, commerce and police, finances and 
justice, and public instruction ; and the act of July 1, 1902, 
which continued the government theretofore established. The 
judiciary consists of a supreme court, consisting of seven 
justices, four American and three native, and sixteen courts 
of first instance, over which natives preside. The court 

147 




US OKLAHOMA CIVIL GOVERNMENT 

proceedings are in either English or Spanish. There are 
also municipal courts. Manila has a government similar 
to that of the District of Columbia. Appeals may be 
taken in certain instances to the supreme court of the United 
States. 

Legislative and Executive Departments. — There is an 
assembly consisting of two chambers. The Philippine com- 
mission constitutes the upper chamber, while the lower house 
consists of from fifty to one hundred delegates elected bien- 
nially by the people, each province being entitled to at least 
one member. The legislature meets annually. The exec- 
utive department is vested in a governor, vice-governor, the 
Philippine commission consisting of nine members, of 
which three are natives, and other heads of departments. 
These officials, as well as the justices of the supreme court, 
are appointed by the president of the United States. The 
substance of the bill of rights of the federal constitution, 
with the exception of the right to maintain a militia and the 
right of trial by jury, are in force in the Philippines, and 
congress reserves the right to annul any law passed by the 
legislature. 

Annual Report; Resident Commissioners. — The Philip- 
pine commission makes annual reports to the secretary of 
war of receipts and expenditures. Two resident commis- 
sioners Xo the United States are elected biennially. 

PORTO RICO 

Form of Government; Legislative and Executive De- 
partments. — After the cession of Porto Rico to the United 
States the island was governed chiefly by a military author- 
ity under the supervision of the president of the United 
States, until May 1, 1900, at which time the system of gov- 
ernment prepared by congress went into effect. This pro- 
vided for a governor, secretary, treasurer, commissioner of 
the interior, auditor, commissioner of education, and attor- 
ney-general, to be appointed by the president. These officers, 



OUR INSULAR POSSESSION 14* 

with the exception of the governor, and five others appointed 
by the president, constitute the executive council, or upper 
house of the legislature. Five members of the council must 
be natives. The lower house, consisting of thirty-five mem- 
bers, is called the house of delegates. They are elected by 
the people biennially. 

Judicial Department. — The judicial department is vested 
in a supreme court appointed by the president, and district 
courts appointed by the governor. Other courts are chosen 
as directed by the legislative assembly. There is also a United 
States district court, with a judge, attorney, and mar- 
shal appointed by the president. There is an insular police 
force of six hundred and seventy men. 

Resident Commissioner. — Porto Rico has a resident 
commissioner at Washington. 

SAMOAN ISLANDS 

The United States owns only a part of the Samoan 
Islands; namely, the Tuluila and the Manna group. The 
American possessions are in charge of a naval governor. 

GUAM 

This island was captured by the United States cruiser 
Charleston in 1898. It is under the command of a naval 
governor. 

THE "CANAL ZONK" 

By virtue of the treaty entered into between the United 
States and Panama, February 26, 1904, congress, upon April 
28, 1904, authorized the president to take possession of the 
surveyed route of the canal to the distance of five miles on 
each side thereof, together with any islands necessary in the 
construction of the canal. The "Canal Zone" government 
is under the control of the Isthmian commission, a gover- 
nor, and other executive officers, appointed by the president. 



i:>o 



OKLAHOMA CIVIL GOVERNMENT 



Suggestive Questions 

1. What countries comprise our insular possessions? 

2. What islands were ceded to us by the Treaty of Paris? 

3. What relation do we bear toward Cuba? 

4. What department has supervision over our insular possessions? 

5. When was the present government in the Philippines established? 

6. Describe the judicial system in the Philippines. 

7. Describe the legislative and executive departments in the Philip- 

pines. 

8. What portions of the federal constitution are in force in the 

Philippines? 

9. How are the Philippines represented in the United States? 

10. When was the system of government in Porto Rico inaugurated? 

11. What officers are appointed by the president? 

12. Describe the legislative system. 

13. Describe the judicial system. 

14. How is Porto Rico represented in the United States? 

15. What islands in the Samoan group do we own, and how are they 

governed ? 

16. When was Guam captured, and how is it governed? 

17. What is the "Canal Zone" and how is it governed? 



CHAPTER XV 
DIPLOMATIC SERVICE 

How Affairs with Foreign Nations are Conducted. — 
Perhaps a word or two should be said about those men 
who stand for American honor, trade, and citizenship in 
other lands. The secretary of state is our minister of for- 
eign affairs in truth, and is the only officer who can speak 
in the name of the president to other nations. When he 
does, he sends his messages usually through what we call 
the "diplomatic service. " 

The word "diplomat" comes from a Greek word, which 
really means a document folded once. In sending these doc- 
uments folded and sealed with certain care, the mes- 
sengers came to be called diplomats. 

Diplomacy is ancient in origin, although to the great Car- 
dinal Richelieu is given the honor of establishing the mod- 
ern system of diplomacy. This was in the seventeenth cen- 
tury. However, history shows that, early in the sixteenth 
century, the Republic of Florence kept a representative at 
the court of Charles V. of Spain. 

Kinds of Diplomats. — rDiplomatic agents are of several 
degrees: ambassador, envoy extraordinary and minister 
plenipotentiary ; minister resident ; charge d'affaires ; secre- 
tary of legation, and attache. These degrees were estab- 
lished at the Congress of Vienna in 1814. It was decided 
there that the first diplomat to arrive at a capital should 
have precedence over others of like degree. 

For a long time the United States had only three grades, 
envoy extraordinary and minister plenipotentiary, minister 
resident, and charge d'affaires. Diplomatic etiquette — 
quite an important term in the courts of the world — re- 
quires that a country send us a diplomat of the same grade 

bi 



15 2 OKLAHOMA CIVIL GOVERNMENT 






. 



we send it. As our country developed, and foreign relations 
became more important, diplomatic etiquette required that our 
minister wait until the ambassadors of other countries ob- 
tained a hearing; and then, among the envoys, ours had an 
opportunity to speak. This resulted some years ago in con- 
gress raising to the rank of ambassador our representatives 
at London, Paris, St. Petersburg, Vienna, Berlin, China, and 
Mexico. 

The president, with the consent of the senate, appoints all 
diplomats. With the election of a new president it is generally 
understood that new appointments of all officials will be made, 
but some men have made themselves so useful and valuable to 
this government that they have been kept at their posts even 
though a change of president and party has taken place. 

Ceremony of Introduction. — The president, acting 
through the secretary of state, gives to the ambassador or 
other representative a letter of introduction, addressed to the 
ruler of the country to which the representative goes. Upon 
the latter's arrival at his post abroad, he notifies the foreign 
office of his presence and business. The sovereign, through 
the foreign office of his government, sends a note that he will 
be pleased to receive the representative at a certain time and 
place. At the appointed time the representative is ushered 
before the ruler, hands the latter the message of the president, 
and makes a short, formal speech. The ruler, in reply, speaks 
of his respect for our nation, our people, and our president. 
Thereafter all business between our country and the other 
government is transacted through the minister of foreign 
affairs. 

The foregoing is the way in which an ambassador, envoy, 
or minister is received at a foreign court ; but the other rep- 
resentatives of lesser grade only meet the minister of foreign 
affairs. Sometimes out of courtesy special ambassadors are 
sent. This was the case when, in 1897, Whitelaw Reid was 
sent to England, carrying congratulations to Queen Victoria 
at her Diamond Jubilee, and again, when former President 



DIPLOMATIC SERVICE 153 

Roosevelt represented the United States at the funeral of 
Edward Seventh of England. 

Salaries. — The salaries paid these officers vary. In many 
capitals our government gives the minister a house. There 
has been a great effort of late years to get congress to appro- 
priate money to build homes for our foreign representatives. 

Consulships. — One important branch of this service is 
the consulships. Men are placed at certain great centers of 
trade and travel, as Liverpool, Hamburg, Bahia, Bordeaux, 
I long Kong, etc., to guard our commercial and citizenship 
interests. 

The consul stands ready to make inquiry into any complaint 
of merchants whose goods have been dotroyed, or when any 
citizen of the United States is wronged by a foreigner, or a 
foreign government. 

Passports. — Foreign governments keep their representa- 
tives at Washington, and when war is declared, what is called 
"friendly relations" cease between our government and the 
one with which we quarrel. It is a dark hour when the 
envoys of two great nations receive passports. Often their 
lives are endangered, as was Minister Woodford when going 
from Madrid to Paris in 1898; and Minister Conger during 
the Boxer uprising in China. Oftentimes a disinterested na- 
tion comes forward, through her ambassador, to protect a 
foreign representative. 



CHAPTER XVI 
THE STATE LAND DEPARTMENT 

Total School Fund. — The total number of acres belong- 
ing to the United States, for the use of the schools and edu- 
cational institutions of Oklahoma Territory, before state- 
hood, was 2,050,875.94. The enabling act granted an ad- 
ditional 1,050,000, making a total of 3,100,875.94 acres. In 
lieu of any public lands in Indian Territory, congress gave 
to the new state $5,000,000, to be invested; the interest only 
upon which shall be used for the benefit of the common 
schools, forever. The state, in the constitution, accepted the 
lands and money under the conditions stated; so that these 
lands and this money can be used for no other purpose than 
that for which they were given to the state. This, then, con- 
stitutes the school fund of the state of Oklahoma. 

Investment of the School Fund. — It is the business of 
the State Land Board, composed of the governor, secretary 
of state, state auditor, superintendent of public instruction, 
and president of the board of agriculture — called commis- 
sioners of the land office — to take care of this vast sum of 
money. Some of the land may be sold under certain condi- 
tions, but most of it is leased. That which can be leased is 
for a period not longer than five years. The $5,000,000 is 
being loaned to farmers at an annual interest of five per 
cent. This is done bv virtue of a provision of the constitu- 
tion, which permits this money to be invested in first mort- 
gages on good and improved farm lands, state bonds, county 
bonds, school-district bonds, and United States bonds; 
preference beino: given in the order named. Not more than 
fifty per cent of the reasonable value of the lands, without 
improvements, is loaned on anv piece of land. 

Rules of the Department; How Loans are Made. — There 
are two divisions of the State Land Department. One is 

154 



STATE LAND DEPARTMENT 155 

for the leasing of lands in old Oklahoma Territory, and the 
other is for the loaning of the $5,000,000 on first mortgages 
on good and improved farm lands. The farm-loan division 
is the most important one. The Land Board is trying to 
place the $5,000,000 in the hands of actual farmers, and 
take as security first mortgages on their lands. Loans are 
made for a period of five years, at five per cent per annum, 
payable semiannually; and the borrower has the right to- 
pay off the loan at the end of the second year, or at any in- 
terest-paying period after that time. He may also, after 
two years, at any interest-paying period, pay on his debt the 
sum of one hundred dollars, or any multiple thereof. Xo 
loans are made upon any tract of land containing less than 
forty acres, nor for less than two hundred and fifty dollars, 
nor for more than two thousand five hundred dollars, ex- 
cept by special order of the commission. At least twenty-* 
five per cent of the land must be in cultivation. No loans 
are made upon city or town property. It takes from sixty 
to ninety days to secure a loan. 

A person desiring a loan is required to make application 
under oath on a blank printed form, furnished him by the 
department, and he is required to have his land and improve- 
ments appraised by two of his neighbors. His application 
must be accompanied by an abstract of title to the land, to- 
gether with fifteen dollars, out of which is paid necessary 
expenses, balance to be returned to applicant. The papers 
are filed with the department. The title to the land is ex- 
amined, and if approved the land is appraised by one of the 
department appraisers. After this appraisement is made, 
it is determined how much money will be loaned on the land. 
All the necessary papers for making the loan are prepared 
and furnished by the land department, and the applicant is 
at no expense, except a fixed charge of $5.25 for appraising- 
the land, and the actual cost of recording the mortgage in 
the office of the register of deeds of the county in which 
the land is located. A blank form of application and report 
is given in the appendix. 



CHAPTER XVII 

COURT PROCEDURE 

Lawsuits; Trial of Civil Cases. — The large amount of 
business conducted in the world sometimes causes differences 
of opinion between men regarding their business. In order 
to settle these differences, men have to go into court and a 
lawsuit is the result. Lawsuits are either civil or criminal. 
A civil suit may be brought by one or more persons or cor- 
porations against one or more persons or corporations. The 
party who brings the suit is called plaintiff. The party 
against whom the suit is brought is called defendant. A 
written statement, called a complaint or petition, is filed by 
the plaintiff with the clerk of the court. The clerk then is- 
sues a summons, which is served upon the defendant by the 
sheriff or constable. The defendant is required, within a 
certain time, to file in court a statement of his case, called 
an answer. Other papers may thereafter be filed by either 
party. These are : reply, demurrer, motion, etc. The papers 
in a case are called pleadings, and the questions raised by 
the pleadings are called issues. After the issues are joined, 
that is, after the questions of law are separated from the 
questions of fact, the case is heard either before the judge 
or jury, as the parties may agree. Both sides usually have 
witnesses. The plaintiff or his attorney makes a statement 
of his case and then introduces his witnesses. The de- 
fendant or his attorney states his case, and intro- 
duces his witnesses. The witnesses testify, that is, make 
their statements, under oath. This is called evidence. The 
judge decides all questions of disputed law, and the jury 
decides all questions of disputed fact. After the evidence 
is in, if the case is tried before a jury, the latter are instructed 

156 



COURT PROCEDURE 

by the judge as to the law, and are required to apply the 
law to the facts. The decision of the jury is called the ver- 
dict. The judge may grant a new trial after the case has 
been tried, but unless this is done, judgment is entered ac- 
cording to the verdict of the jury or decision of the judge. 
The case may then be appealed to the higher court by the 
party who is dissatisfied, but unless an appeal is taken, an 
execution is issued by the clerk of the court. An execution 
is a writing, attested by the clerk, commanding the sheriff 
or constable to levy upon or seize the property of the party 
against whom judgment is rendered, and cause to be paid 
out of it the judgment. 

Trial of Criminal Cases. — A criminal case is a suit brought 
by the state or United States against a person, charging him 
with an offense against the peace of the state or the United 
States. When a crime is committed, a complaint is usually 
made by some one. The complaint is a paper, signed by the 
complaining party, and is sworn to before a judge or justice. 
The judge or justice then issues a warrant, commanding the 
sheriff to arrest the defendant, who is then given a prelimi- 
nary examination. This consists of a trial. The defendant 
is not compelled to introduce evidence, but he may do so. 
If defendant is charged with a felony (this being an offense 
punishable by imprisonment in the penitentiary), and he is 
believed to be guilty, he is held to await the action of the 
grand jury, or the county attorney may file an information. 
If he is believed to be not guilty, he is discharged. If the 
case is a misdemeanor (this being an offense punishable by 
fine or jail sentence), and defendant is convicted, the 
judge or justice gives judgment, and sentences defendant, 
but the latter has a right to appeal his case to the highest 
court of the state. If defendant is acquitted, he goes free. 
The procedure in the trial of criminal cases is similar to that 
of civil cases. 




CHAPTER XVIII 
THE FLAG 

THE STAR-SPANGLED BANNER 

O say, can you see by the dawn's early light, 
What so proudly we hailed at the twilight's last gleaming, 

Whose broad stripes and bright stars through the perilous fight, 
O'er the ramparts we watched, were so gallantly streaming? 

And the rockets' red glare, bombs bursting in air, 

Gave proof through the night that our flag was still there. 

Chorus. 

O say, does that star-spangled banner yet wave 
O'er the land of the free and the home of the brave? 

On the shore dimly seen through the mist o'er the deep, 
Where the foe's haughty host in dread silence reposes, 

What is that which the breeze, o'er the towering steep, 
As it fitfully blows, half conceals, half discloses? 

Now it catches the gleam of the morning's first beam, 

In full glory reflected, now shines in the stream. 

Chorus. 

'Tis the star-spangled banner! oh, long may it wave 
O'er the land of the free and the home of the brave ! 

Oh, thus be it ever, when freemen shall stand 
Between their loved home and the war's desolation; 

Blest with vict'ry and peace, may the heav'n-rescued land 
Praise the pow'r that hath made and preserved us a nation ! 

Then, conquer we must, for our cause it is just, 

And this be our motto, "In God is our trust." 

Chorus. 

And the star-spangled banner in triumph shall wave 
O'er the land of the free and the home of the brave. 

Francis Scott Key. 
158 



THE FLAG 159 

Why We Study About the Flag. — No excuse is offered 
for this heading. It is unusual to find the color and gleam 
of the flag in civics instruction. But the ''stars and stripes" 
is the symbol of the greatness, the glory, and the godliness 
of America, and hence to all its sons and daughters it should 
be a thing of beauty, of reverence, and of devotion. 

Things are reckoned valuable as they cost toil. Gold if 
found everywhere would be as clay. Home would not be 
half so dear were it not a place where fathers and mothers 
toil, and sisters and brothers sacrifice. So with a flag. On 
every bar must rest the story of a people's honor, defended 
even by a people's blood. From every star — and Oklahoma 
children know the forty-sixth — must shine the light of years 
of struggle, of sacrifice, and of triumph. We have such a 
flag. 

Origin of Emblems. — We know that from the very first 
civilized nations have elevated some emblem to give sign of 
a central purpose. The Romans, however, are supposed to 
"have originated the fixed standard or flag. 

Historical Development of the Flag. — As long as the 
colonies were united with England, they had for their flag 
the quartered field ; two quarters red ; one quarter yellow, and 
the other blue, with the combined insignia of England, Scot- 
land, and Ireland. But as soon as separation took place a new 
flag became necessary. 

At first crude ideas arose. Each colony or state had its 
emblem, and put it forth. There was the pine-tree flag, the 
rattlesnake flag, etc. But they would not do; they gave no 
unity, no pride, no spirit. Then arose the great Washington, 
as he always did in moments of strong need, to establish 
order. He suggested the construction of the most remarkable 
and beautiful flag ever made. 

Betsy Ross. — In the company of Robert Morris, the 
financier, and Mr. Ross, whose wife was a noted seamstress 
in Philadelphia, he went to the Ross home and discussed the 
making of a flag. The story goes that red, white, and blue 
were on the Washington coat-of-arms in England, and to 



160 OKLAHOMA CIVIL GOVERNMENT 






this we owe the colors on the flag. We do not know what was 
said, but upon his going it was understood that, with needle 
and cloth, Mrs. Betsy would be ready in a few days to pre- 
sent the result of the flag discussion. Washington was well 
pleased when he saw the Betsy Ross flag. He took it, pre- 
sented it to the army, every one liked it, and on June 14, 
1777, congress adopted it. 

It consisted of thirteen stripes, alternately red and white, 
and a device of thirteen white stars on a blue field in the 
upper corner nearest the staff. 

A New Star for Every State; Oklahoma. — In 1808 it 
was enacted that the stripes should continue to be thirteen, 
that the stars should be twenty, there being then twenty 
states, and that a new star should be added with every new 
state. 

Steadily upon this plan the flag has grown in stars and 
glory. In 1896 the number of stars became forty-five, and 
on November 16, 1907, Oklahoma, "fairest daughter of the 
West," made her bow and entered the splendid company of 
states. Governor Haskell set apart July 4, 1908, as a special 
time for joy and festivity, because that day would see for 
the irst time the forty-sixth star — the Oklahoma star — upon 
the flag. 

At Philadelphia, in the presence of a great throng, and 
with a special delegation of Oklahomans surrounding the 
flagstaff, there was displayed on Independence Hall the new 
flag of forty-six stars. 

This flag, known as the Betsy Ross Oklahoma flag, was 
given by the Betsy Ross Society to the state of Oklahoma, 
and it reposes in the state house. 

Upon silken red and white streamers attached to this flag 
are the following words : "Presented by the City of Phila- 
delphia to the State of Oklahoma, July 4, 1908." 

Story of the Flag. — This is briefly the story of its origin. 
But no one can tell the story of its growth, — the longer, 
better, truer story by far. The history of it reads like a fairy 
tale. From thirteen to forty-eight stars ! From a strag- 




THEODORE ROOSEVELT 




WILLIAM JENNINGS BRYAN 



TWO PROMINENT AMERICANS 



1 cr.i OKLAHOMA CIVIL GOVERNMENT 

gling stretch of seashore it sped away to the Mississippi, 
then over the mountains to the Pacific ; then it needed the 
breezes from the gulf, and so it swung out over great 
Texas and the far Southwest. On and on it has taken its 
way, until it bids fair to do as Columbus did, "who pushed 
the prow of his ship into the setting sun and made West, 
East." 

But the strangest part of its history is the devotion it 
arouses. To the home it means protection, peace, and a just 
pride. The quiet cottage in the valley or on the hillside may 
not fly the flag often, but when it has ever been in danger, the 
plain people have proved its stanchest friends. 

To the statesman it is ever a source of inspiration, holding 
the entire history of the nation in its folds. No wonder it 
excites a Webster to say : 

"When my eyes shall be turned to behold, for the last time, the 
sun in Heaven, may I not see him shining on the broken and dishon- 
ored fragments of a once glorious Union ; on States severed, dis- 
cordant, belligerent; on a land rent with civil feuds, or drenched, it 
may be, in fraternal blood ! Let their last feeble and lingering glance 
rather behold the glorious ensign of the Republic, now known and 
honored throughout the earth, still full high advanced, its arms and 
trophies streaming in their original luster, not a stripe erased or pol- 
luted, nor a single star obscured; — bearing, for its motto, no such 
miserable interrogatory as, 'What is all this worth?' — nor those other 
words of delusion and folly, 'Liberty first and Union afterwards' ; — 
but everywhere spread all over in characters of living light, blazing 
on all its ample folds as they float over the sea and over the land, 
in every wind under the whole heavens, that other sentiment, dear to 
every true American heart, — Liberty and Union, now and forever, 
one and inseparable !" 

How It Inspires Patriotism. — It has filled the poet with 
song. You know the story of the national hymn placed at 
the head of this chapter. If you do not, learn it of history, 
and you will never hear it without arising to your feet in 
reverence. 1 Hezekiah Butterworth in his "Raising the 



1 Army Regulations, Section 587. — The national or regimental 
standard uncased passing an armed body, is saluted, the field music 
sounding to the color. Officers or enlisted men passing the uncased 
color render the prescribed salute; with no arms in hand, the salute 






THK FLAG 163 

School-house I ; lag," a poem written for the Columbian 
celebration, October 21, 1892, exclaims: 

"Oh my America, whose flag we throne amid the sky, 
Beneath whose folds 'tis life to live and noblest death to die, 
I hear the peaceful bugles blow across the silver sea, 
And bless my God my palace stands a cottage home in thee." 

The Story of John Smith. — It is the soldier's hope and 
help, his very life. It is said that at Springfield, Illinois, 
there is a shrine dedicated to the patriots of the civil war. 
Over in one corner is a tablet to John Smith ; over in the 
other, is one to Abraham Lincoln. John Smith was a color- 
bearer. Any man who can hold a pole with a flag aloft might 
make a color-bearer. In the battle, a ball took off one of 
Smith's arms. He shifted to the other, and bleeding he 
trudged on. The shells flew thick, and the story runs that a 
shell took away the other arm. His comrades caught him, 
but he cried, "Give me the flag against my breast ; I can hold 
with the arms I have left; it must not touch the ground.'* 
In a little while he was stricken through the legs, and coming 
upon him his comrades found him with legs crushed, but body 
upright and with flag aloft, muttering in death, "The old flag 
never touched the ground." 

As the visitor to the monument looks first at John Smith, 
and then at Lincoln, he Cannot decide who should be most 
honored. 

What Grady Said. — Everywhere, North and South, East 
and West, the flag is honored more and more. Long after 



is made by uncovering; the head-dress is held in the right hand oppo- 
site the left shoulder, the right forearm against the breast. 

Section 588. — Whenever "The Star-Spangled Banner" is played by 
the band on a formal occasion at a military station, or at any place 
where persons belonging to the military service are present in their 
official capacity, all officers and enlisted men present will stand at 
attention, such position being retained until the last note of "The 
Star-Spangled Banner." The same respect will be observed toward 
the national air of any other country when it is played as a compli- 
ment to official representatives of such country. 



164 OKLAHOMA CIVIL GOVERNMENT 

the Civil War, foolish partisans accused the South of being 
lukewarm toward the flag. Grady told the whole story when 
he said: 

"When General Lee, whose heart was the temple oi our hopes, and 
whose arm was clothed with our strength, renewed his allegiance to 
the government at Appomattox, he spoke from a heart too great to 
be false, and he spoke for every honest man from Maryland to Texas." 

The Nation One. — In the Spanish-American war the 
first blood shed in the struggle, the first life offered as a sac- 
rifice for Cuba's freedom, was that of Worth Bagley, the 
son of an old confederate colonel. There were Dewey, 
Schley, and Roosevelt, and there were also Lee, Wheeler, 
and Hobson. The nation is one, and the flag means just one 
thing, and that is, it is ours ; not yours, not mine, but ours. 

Flag Language. — By the agreement of all nations, a flag 
of truce is white ; striking the flag, or lowering it in the 
presence of an enemy, denotes surrender ; placing the flag of 
one country over or above that of another indicates vic- 
tory; flags at half-mast mean mourning; the red flag means 
mutiny ; the black flag, a pirate ; the yellow flag, quarantine. 

School Reverence. — A great number of the states have 
laws demanding that the American flag float over each pub- 
lic school-house. Some appropriate money to purchase the 
flag. Oklahoma has such a law, and it is the sacred duty of 
trustees, teachers, and pupils to display the flag. 1 

But the teacher must bear the brunt of criticism if the 
national ensign does not appear in her school. Flags can 
be purchased for a few cents, and if the teacher thinks and 
feels, she can act and save her school-room from censure 
by treating the flag with the respect which children long to 
know, and love to give. ■ I 

The Flag Salute. — All the public schools of the land 
agree upon a common form of flag salute. It is this : The 



x The laws of Oklahoma require that every board of education and 
school district board own and display within the school-house a 
United States flag. Failure to do this is punishable by a fine of | 
from ten to one hundred dollars. 



THE FLAG 

flag is brought into view, often elevated by a color-bearer. 
then upon a signal the class or school rises with one accord. 
Eves fixed upon the flag, they repeat: 

The Flag Salute 

I pledge allegiance to my flag, and to the Republic for which it 
stands; one nation, indivisible, with liberty and justice for all. 

As they begin, the right hand is brought up gracefully 
until the extended hand touches right temple, then without 
pause the right arm is held out straight, and dropped to side 
as last words are said. 

There is nothing more beautiful, impressive, and patriotic 
than this exercise, and the first grade enjoys it as much as 
the higher grades. Regular times should be had for it, to 
fix the habit, never permitting it to become stale. Philadel- 
phia schools salute the flag every Monday morning precisely 
at a certain time. 

Dctys to Enthrone the Flag. — Washington's Birthday, 
February 22d; Decoration Day, May 30th: last day of 
school; Flag Day, June 14th; Independence Day, July 4th; 
Labor Day, first Monday in September; Oklahoma Day, 
September 17th; Statehood Day, November 16th. 

Legal Holidays. — These are: January 1st; February 22nd; July 
4th; December 25th (if either of these falls on Sunday, the Monday 
following shall be a holiday); Sunday; May 30th; election day; 
Thanksgiving; Labor Day (first Monday in September). 

Arbor Day is the Friday following the second Monday in March 
of each year. Upon that day, public school officers shall assemble 
the pupils in their charge in the school buildings or elsewhere, to con- 
duct, under the general supervision of the city or county superintend- 
ent or other chief officer, such exercises as shall tend to encourage the 
planting, protection, and preservation of trees and shrubs, and an 
acquaintance with the best methods of accomplishing such results. 



PART II 
HISTORY OF OKLAHOMA 



PREFACE TO SECOND EDITION 



Since the first edition of Oklahoma Civil Government was 
published, it has been found necessary to revise the text. This 
has been done for the two-fold purpose of bringing it down 
to a later day, and of making it more usable. 

In the chapters on School, Township, Voters and Voting, 
Party . Machinery, County, and Village and City, there follows 
in small type after the main text a somewhat detailed synopsis 
of the law of Oklahoma upon the subject of the chapter. It is 
not intended that such synopsis shall be studied in detail by 
the pupil, but that the teacher shall thereby be able to point out 
the modifications of the main text by Oklahoma law. 

We have thought it proper to present a text on civics and 
Oklahoma history in one book, consisting of two parts. A 
short history of the State has been written, omitting much 
detail, sufficiently comprehensive in our judgment for a grade 
pupil. In doing this, we have extracted from the first edition 
of Oklahoma Civil Government the historical text on the for- 
mation of our State, and placed it in Part II. 

The adding of the historical text has made it necessary, in 
order to keep the book a convenient size, to omit the complete 
text of the Constitution of Oklahoma and Enabling Act, which 
was carried in the first edition. 

June, 1913. 



: 



CONTENTS 



CHAPTER PACE 

I. Oklahoma's Earliest Inhabitant 

II. Early Explorations 74 

[II. The Chosen Land of the Indian 

[V. Wars Influencing Oklahoma 

V. The Beginning of the End 

VI. Without Organized Government 

VII. Territorial Government 

VIII. The Five Civilized Tkit.es 

IX. The Constitutional Convention 



HISTORY OF OKLAHOMA 






CHAPTER I 
OKLAHOMA'S EARLIEST INHABITANT 



The First American. — The history of Oklahoma, like 
that of all the states of America, begins with the Red 
man, or Indian. While there was much to prove that 
the first inhabitants of North America were people of a 
much higher civilization than the Indian, yet the earliest 
discoverers and explorers found only the Red man. or 
American, in possession of this vast continent. 

Discovery by Columbus — Population. — It is interest- 
ing to know that while North America had an area <>t 
more than nine million square miles, yet there were not 
more than one million Indians living there when Colum- 
bus first saw it. When the first travelers entered what 
is now Oklahoma, they found it sparsely inhabited by 
something like ten tribes of Indians: The Comanche, 
Wichita, Waco, Kiowa, Osage, Quapaw, Caddo, Apache 
of the Plains, and Tawakony ranged over this region and 
what are now parts of adjoining states. 

The Red Man of the Plains was the same as the Red 
Man of the Forest. He builded no churches, school- 
houses, or cities, and few, if any, fixed homes. Following 
foot paths, with stars and winds his guides, he did not de- 
sire roads or routes of commerce. He made no advance- 
ment because he was alone in a great continent, sur- 
rounded by waters which separated him from other 
races of men. It is contact and exchange of opinion which 
have made man progressive. 

Domestic Life — Characteristics. — The Oklahoma In- 
dian had no fixed home, and domestic life was unknown 



171 



172 HISTORY OF OKLAHOMA 

to him. The horse and cow became his helpers only after 
contact with the Spaniard. The squaws built the wigwam, 
kindled fires, and carried the burdens. It was the women 
of the Tribe who burned the brush and trees to clear the 
land, planted the corn in furrows made by crooked sticks, 
or clam-shells, and made clothing by dressing skins of 
wild animals killed in the chase by the Indian braves. 

In War, the Indian Showed Bravery, cunning, and a 
cruelty which is common to all races in war. His en- 
durance was equal to the Spartans of old, who gloried 
in doing without shelter in severest weather, in bearing 
the most horrible tortures without a sign of suffering, 
and in facing death with perfect dignity. 

Religion. — This race had a religion which dreamed of 
a land of happy hunting grounds, where gay feasts of 
buffalo would be had, and the faithful dog would join in 
the dance. The Indian saw God in the morning sun, in 
the haze above the purple mountain, or in the star which 
kept watch above his tepee through the night. He be- 
lieved that Nature had a power to help or hurt him, and 
this made him respectful and kind when least expected. 

A Just Tribute to the Indian. — These are some of the 
traits of the race which struggled with the white man 
in Oklahoma for supremacy. If it is true that we are a 
part of all we meet, we are, as Oklahomans, a part of the 
North American Indian. Here, this race was found by 
the Anglo-Saxon on his journeys in search of fame and 
conquest. Here, more than in any other state, the Indian 
has reached his highest development. The first governor 
of Oklahoma, on the first day of statehood, called atten- 
tion to the fact that Oklahoma was the first state to give 
the Indian equal honor and strength with the Anglo- 
Saxon in making its Constitution. In the light of these 
facts, every Oklahoman should study with great care 
this extraordinary people, whom a great writer has 
pointed out in this language: 



OKLAHOMA'S EARLIEST [NHABITA] 

"The Indian is our only American poet. 1\ 
ion is poetic, imaginative, lie lives 
wandering, communing with beauty, the element-, and 
his fancy. Every natural element become- deified and 
personified to him. His is a world of what. b • us, are 
dreams and unrealities. You cannot astonish him with 
any invention. I lis dignity allow- no spontane< us show 
of surprise or appreciation at anything that a white man 
has done or can do. Aloof, stolid, solemn, serene, sepa- 
rate, swift of foot, untiring, fit inhabitant* for a primeval 
world, the North American Indian is gliding- silently into 
the Western twilight/ 1 



CHAPTER II 
EARLY EXPLORATIONS 

Reason for Progress. — Dissatisfaction is the cause of 
all progress. Columbus was dissatisfied with the views 
of his day and set out to right them. He found a new 
world to offer Europe. Spain became aroused, and, along 
with the gold-seeking Spaniard came the zealous French- 
man, the thrifty Dutch, and the land-hungry Englishman. 
Thus was set in motion that wave which at last brought 
explorer and settler in contact with the Indians of Okla- 
homa, and finally made the land what it is. 

Discoverer of Oklahoma — Search for Gold. — Francisco 
Vasquez de Coronado was the first white man to lead an 
exploring party into Oklahoma. Some historians claim 
this honor for Cabeca de Vaca, who landed on the Florida 
coast in 1528 and tried to find gold, which search brought 
him and his men finally across Red River into this Ter- 
ritory. But this is generally denied, and to Coronado, 
who, in 1541, about the time De Soto was finding the Mis- 
sissippi, led his band across the Pecos River, over the 
staked Plains, through the Texas Panhandle, into western 
Oklahoma, belongs the glory of first seeing this land. 

Expeditions Continued. — These Spaniards were aston- 
ished at the beauty of the valleys and prairies, and espe- 
cially at the countless herds of buffalo. Many expeditions 
of like kind for gold and ambition touched Oklahoma, but 
they were unimportant. 

Oklahoma Traded. — Englishmen were at last the own- 
ers of North America, and it is interesting to note that 
in 1665 Great Britain made a grant of land to the Carolina 
Colony, including all lands from the Atlantic to the Pacific, 
lying between parallels 30 deg. and 36 deg. 30 min., north 
latitude. Thus was the state of Oklahoma given away 

174 



EARLY KXPLORATIONS 

to Lord Clarendon and the Carolinas, and yet its existence 
was to remain unknown to Englishmen for more than a 
hundred years thereafter. 

Discovery by the French. — The names of Marquette, 
Juliet and La Salle are unknown to most Americans. 
They were Jesuit priests, bent upon converting the In- 
dians to Christian faith. From 1673 to 1687 these men 
traveled over the Mississippi Valley, preaching, trading, 
and setting up French posts and colonies, until all the 
Mississippi basin — about 1,500,000 square miles — was ac- 
quired by France under the name of Louisiana. Hence, 
to these men belongs the tribute of making Oklahoma 
Territory a part of the French Empire. In 1723, New 
Orleans became the capital of the Louisiana colony in 
America, which embraced the greater part of what is now 
_' Oklahoma. 

Transfer of Louisiana. — In the French and Indian War. 

' beginning in 1774, North America was lost to the French. 
When Quebec fell into English hands in 1758, it was 

, the sign that this Continent was to be English. France 
hoped to save Louisiana from England's power, so she 
gave this vast area to Spain in 1763, by secret treaty. 
Thus the Territory of Oklahoma recognized the Spanish 
flag for thirty-seven years, or until Spain by treaty gave 

: back Louisiana to the French in 1801. 

The United States Wants Louisiana. — The thirteen 
colonies in those thirty-seven years had fought for inde- 
pendence from Great Britain and won it. They had grown, 
by the year 1801, from thirteen states to sixteen, and were 
eagerly seeking to acquire the vast country to the west, 
lying about and including the great commercial stream, 
[ the Mississippi, Napoleon Bonaparte, First Consul of 
France, realizing England's supremacy upon the sea, and 
that Louisiana Territory would at last fall to England, 
resolved to place it in possession of England's future rival, 
the United States. 



176 HISTORY OF OKLAHOMA 

Treaty of Paris, Ceding Louisiana. — The minister of 
the United States to France, Robert R. Livingston, backed 
by the President, Thomas Jefferson, had been making 
overtures to France with reference to the purchase of 
New Orleans and the mouth of the Mississippi. On the 
30th of April, 1803, a treaty was made between the United 
States and France, whereby the Territory 'of Louisiana 
was ceded to the United States. The price paid Napoleon 
for this great Territory, having an area of 1,166,577 square 
miles, was fifteen millions of dollars, and an obligation, 
to meet a further debt of three millions, seven hundred 
and fifty thousand dollars. 

Oklahoma Part of the Union. — Thus Oklahoma, after 
a period of three hundred years of obscurity and neglect, 
was at last in the grip of the aspiring, energetic and con- 
quering young nation, the United States of America. 



CHAPTER III 

THE CHOSEN LAND OF THE INDIAN 

The Cherokees Go West. — The region now embraced 
by the state of ( Oklahoma has been the home of the Indian, 
not only by the natural rules of migration, but by intelli- 
gent choice. Scarcely had the United State-, purchased 
Louisiana when the Cherokee Indian- from northern 
>rgia and east Tennessee appeared with a delegation 
in Washington t<> ask of our government the privilege 
journeying and settling west of the Mississippi. This 
request was granted. A division of the Cherokee- t« »« »k 
place, many following their leader- into the valleys 
the Arkansas and White rivers in Arkansas, and many 
remaining on home ground-. In 1817 the lands selected 
by the Cherokees west of the Mississippi were granted 
them by treaty. 

Forts Established. — The military arm of the govern- 
ment reached out to control this immigration of the In- 
dians and protect the settler.-. -« » Fort Smith was estab- 
lished on the western boundary ^^i Arkansas in 1817. The 
missionary spirit followed fast, and the first school was 
established in Oklahoma at a point not far from Fort Gib- 
son, on the Grand River, by the Foreign Mission Board 
in 1822. Fort Gibson and Fort Towson were established 
in 1824, thus emphasizing the truth that the pioneer 
American was at last in Oklahoma to stay. 

President Monroe Suggests Indian Territory. — James 
Monroe was the fifth president of the United States. He 
was not only the author of the Monroe Doctrine, but he 
was the author of a message to congress first proposing 
an Indian Territory. John Quincy Adams took the matter 
up, it being urged that the Indians thereby could be better 
civilized, better controlled, and that the placing of the 



178 HISTORY OF OKLAHOMA 

Civilized Tribes in contact with the wild Indians of the 
Plains would help educate the latter. 

Migration of Indians. — In February, 1825, the Creeks 
made a treaty with the United States, wherein they ex- 
changed their lands in Georgia for lands lying between 
the Canadian and Arkansas rivers, in the boundaries of 
this state. The Cherokees, Choctaws and a few Creeks 
had begun migrating from points east and south of Forts 
Gibson and Towson, and settling about these points as 
early as 1824. Even as early as 1801 some families of the 
Choctaws and Chickasaws had journeyed and settled west 
of the Mississippi. The settling of these tribes brought 
about the need for lines to be drawn, and so the eastern 
boundary of Oklahoma was surveyed from the Red to the 
Arkansas, and thence to the southwest corner of Mis- 
souri, in 1826-1828. 

Migration of Indians — Continued. — On the 26th of 
May, 1830, Indian Territory was established. This com- 
prised the eastern parts of Oklahoma, Kansas and Ne- 
braska, with the western boundary not defined. By this 
law, President Jackson and his successors could allot 
(that is, give to the Indians) parts of this Territory to 
such Indian tribes as might be willing to exchange their 
lands east of the Mississippi for lands here. In a few 
years, the Delawares, Ottawas, Pottawatomies, Sac and 
Fox, and many more tribes had accepted lands in that 
part of Indian Territory embraced now by Kansas. Treaty 
after treaty followed in rapid succession, the United 
States being determined, it seems, on the policy of getting 
the Indian west of the Mississippi at the highest possible 
speed. The Cherokees, in part, migrated in 1828, the 
Choctaws in 1830, the Seminoles and Chickasaws, in 1832, 
and the remaining Cherokees in 1835 and 1836. 

Migration of Indians — Trouble. — The migration of 
these Indians was attended by much misunderstanding 
and trouble. The Seminoles fought a bloody war with the 
United States in defense of their rights. The Cherokees 




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180 HISTORY OF OKLAHOMA 

were forcibly ejected from their homes east of the Mis- 
sissippi, and were led, a sullen, forlorn and unwilling 
people, across the Mississippi to their Oklahoma home by 
two thousand United States troops. They had been 
forced, they claimed, to accept a price for their home 
possessions that was unjust beyond measure. The United 
States thrust the sum of five million dollars upon them, 
when the Cherokees claimed they had been promised 
twenty million dollars. This is a sad chapter in the his- 
tory of America, and to the fair-minded reader the story 
of these days of change and trial for the undeveloped 
Indian is one that yields nothing of pride to the honor 
and justice of the Anglo-Saxon race. 

Progress of Indians. — The tribes, though new to the 
country, distracted by feuds and in many ways disturbed, 
made rapid progress in the years that followed. Schools 
and churches w r ere established, and commercial pursuits 
thrived. Farming, stock-raising, trading, made rapid 
progress, and many of the Cherokees, Choctaws and 
Chickasaws became prosperous citizens. The following 
achievements before the days of the Civil War, 1861, would 
be creditable to any race : 

The Cherokees perfected a written and printed lan- 
guage by 1827. 

A printing establishment, which printed tracts, hymns, 
almanacs, portions of the Bible, textbooks, etc., in the 
Cherokee, Choctaw and Creek languages, was set up and 
made to flourish, at Park Hill, in 1843. 

The Cherokees organized a Bible society, 1841. 

The Cherokees voted $35,000 for building two' semi- 
naries near Tahlequah, 1847. 

The Cherokees maintained twenty-two primary schools, 
1847. 

The Cherokees ended their tribal feuds, 1846. 

The Overland Trail, a wagon road laid out and devel- 
oped across Oklahoma by assistance of the Tribes, 1850. 



HOSEN LAND OF 'I HE [NDIAN 

National seminaries were opened for the CI: 
• First graduates from these instituti r in 

185: 

The K and Comanches make treatie 

with the United States in 

The Chick set up independent goverm 

payment to the ( ftoctaws 

*ks and Seminole- separate ernmental rea- 

The garris< anded at Fort 

cause the wild tribes no longer disturbed, 18 

The and Chick formed new and pro- 

nstituti< >ns, 



CHAPTER IV 
WARS INFLUENCING OKLAHOMA 

Indian Fights. — Peace is ever more important than war. 
In times of peace homes are developed, churches and 
schools flourish, and the great pursuits — agriculture, 
manufacture, commerce and mining — grow and prosper. 
In war, all these languish, if they are not utterly destroyed. 
So, in this narrative, but little space will be given to the 
wars affecting Oklahoma history. 

In 1833, hostilities arose between the Osages and Kio- 
was. These took place in the present limits of Kiowa 
county. A few men, and many women and children, 
were killed. 

The Kiowas and Comanches engaged in raids and at- 
tacks on the settlers along the Santa Fe Trail in 1846- 
1847. 

The Kiowas, with many Cheyennes, Arapahoes, Os- 
ages, Apaches of the Plains, and Comanches, attempted 
to exterminate the reservation Indians, the Sac and Fox, 
Delawares and Pottawatomies, in Kansas in 1854. A 
bloody battle near Smoky Hill, Kansas, ensued, in >vhich 
the Kiowas and allies were defeated. 

In 1858, the Comanches were attacked by United 
States troops when approaching the Wichita village on 
a peace mission. Through this serious mistake many Co- 
manches were killed and the crops of the peaceful Wichitas 
were destroyed. This took place on Rush Creek, in Grady 
County, near where Rush Springs is now. 

The Civil War, 1861-1865.— The Chickasaws and Choc- 
taws were practically united in their stand for the Con- 
federacy. 

The Cherokees and Creeks were divided in their views 
\s to loyalty, It is the opinion of most writers on the 

182 



WARS INFLUENCING OKLAHOMA 183 

question that a majority of the Cherokees remained loyal 
to the Union. 

The representatives of parts of the Tonkawas, Wacos, 
Caddos, Anadarkos, Keechis, Tawakonys, Wichitas and 
Delawares, made a treaty of alliance with the Confederate 
States, August 12, 1861. 

After many battles, invasions and depredations, in 
which every nation and tribe suffered, hostilities ceased 
on or about the 6th of July, 1865. 

The result of the Civil War, as touching the people of 
Indian Territory, was most disastrous. Feuds, factions, 
weakened government and lawlessness flourished for many 
years thereafter. The Chickasaws and Choctaws, having 
been almost unanimous in support of the Confederacy, 
did not suffer from bitter internal strife as did their di- 
vided brothers, the Creeks and Cherokees. 

The War Over — Federal Troops Transferred. — After 
the Civil War, the breaking up of the regular army was 
marked by many companies and regiments of federal 
troops being transferred to Forts Arbuckle and Cobb, of 
the Washita Valley, and other forts. This was to hold 
in check the wild tribes of the Plains. For several years 
after 1865 these tribes gave settlers and troops constant 
trouble. In 1867, in the treaty of Medicine Lodge, Kan- 
sas, these Indians were led to accept homes in western 
Oklahoma. 

Battle of the Washita. — Along the Saline and Solomon 
rivers in Kansas, a band of Cheyennes in August, 1868, 
fell upon the settlers and made bloody end of many. Gen- 
eral Phil Sheridan, federal cavalry hero of the late war, 
determined to punish these tribes severely. General Cus- 
ter led his forces into the valley of the Washita, and in 
November, 1868, fell upon Black Kettle and his Comanche 
and Kiowa allies and almost swept them out of existence. 
This was the last time all the tribes joined in a war 
against the whites in this Indian country. 



1S4 



HISTORY OF OKLAHOMA 



End of Hostilities.— In 1873 and 1874, the Cheyennes 

asked the Kiowas to join them in an attack on the settlers. 
Due to the influence of some good chiefs like Kicking 
Bird, no trouble arose from a combination of tribes; yet 
in the spring and summer of 1874 there were many raids, 
and a winter campaign under the direction of Gen. Nelson 
A. Miles was begun. General Miles gave the hostile tribes 
no rest and soon brought them to terms. In the spring of 
1875 peace was at last declared, and thus the contest in 
war between the Indians and the whites in the Oklahoma 
land came to an end. 






CHAPTER V 
THE BEGINNING OF THE END 

Killing of Buffalo — Railroads — Settlement by Whites. 
The disappearance of the wild Indian tribes meant the 
disappearance of the Indian's chief support, the buffalo. 
If the buffalo furnished the tribes of the Plains their chief 
article of food, these tribes, by keeping the white settler, 
with his long-range guns and his railroads, frightened out 
of the country, proved the best protection of the great 
herds of buffaloes. 

The building of the Union Pacific and the Kansas Pa- 
cific railroads along the valleys of the Platte, Kansas and 
Arkansas rivers, wrought havoc to the vast herds of 
buffalo that roamed these regions. Wholesale slaughter 
ensued. Over a quarter of a million skins of buffalo were 
shipped into Kansas City alone in one year. From 1866 to 
1875, one of the greatest crimes ever committed against 
animal life took place in the practical extermination of the 
buffalo. With the disappearance of the buffalo and the 
marauding Indians, came the cattle men and ranchmen 
from Texas, Kansas and adjacent territory. Even as 
early as 1871, over seven hundred thousand cattle were 
driven north from Texas into central Oklahoma, because 
hostile Indians would not permit them to pass further 
west. The cowboy and home-seeker grouped about the 
ranches, and thus thousands of immigrants came into 
Oklahoma over the protests of the Indians and United 
States government. 

Proposal to Organize Territory. — The first talk of the 
United States making of this land an organized territory 
arose in 1879, when Senator Dorsey of Arkansas pre- 
sented a bill to congress, proposing an organization of 
Indian Territory as a federal domain. Though seemingly 

185 



186 HISTORY OF OKLAHOMA 

fair to the Indian tribes, they bitterly denounced it. They 
knew that once the American flag waved over these prai- 
ries, it would mean an end to Indian supremacy. The bill 
was lost. 

Period of the Moving- Wagon. — The period from 1875 
to 1885 might well be called the period of the "moving- 
wagon." The fertile and cheap lands of the Dakotas, 
Kansas, Nebraska and Texas, started thousands of fami- 
lies in canvas-covered wagons from the eastern states 
toward the west. Oklahoma lands were as enticing as 
these. So what wonder then, when in 1879 the announce- 
ment was made that fourteen millions of acres in the 
western part of Indian Territory was opened to settle- 
ment, there was a flood of immigrants entering there. 
United States troops were sent to drive them out, but 
this was only done in part. But land-hunger is a thing 
from which English blood never recovers, and threats 
and bayonets could never stop the pioneer from entering 
Oklahoma lands again. 

Struggles of the Boomers — Payne and Couch. — There 
follows a long and hard struggle between the United 
States government and the home-seekers, or boomers, ex- 
tending over the period from 1879 to 1889. The story 
of how Captain David L. Payne, and his successor, Cap- 
tain W. L. Couch, led their bands of boomers into this 
Territory time and again, only to be thrown out by the 
United States troops; how they were imprisoned; how, 
in spite of persecution and death, they stood up on the 
plains or in the courts of the land, proclaiming the rights 
of the home-seeker to enter this Territory, makes a won- 
derful book in itself. 

Their Cause at Last Won. — Westward the course of 
empire had to take its way. The Santa Fe Railroad was 
built to the Oklahoma border in 1880, and pushed across 
the Territory in 1887. The Missouri, Kansas and Texas 
had dropped a line of railroad across the eastern line of the 
Territory, leading from the Kansas line on the north to 



THE BEGINNING OF THE END 

Denison, Texas, on the south, in 1872-1873. Railroads 
did what Payne and Couch could not do. They placed 
quietly throughout the Territory thousands of white set- 
tlers, and did this so fast that these settlers could not 
be thrown out by troops. 

Disagreement Between Contending Forces. — The 
clamor arose for organized government. The cattlemen 
wanted exclusive rights, or fencing privileges, for thou- 
sands of cattle over thousands of acres. The boomers 
fought this stubbornly. The Indian tribes asked the United 
States to defend them against both of these. Conventi 
were held, petitions were presented, and the United States 
government could only reach one conclusion. That con- 
clusion was to take up the « »rganization of a federal terri- 
tory in this region and push it through. 

Opened to Settlement. — The Fiftieth Congre>>. from 
1887 to 1889, wrestled with the Oklahoma Territory prob- 
lem long and hard. The Five Civilized Tribes had strong 
delegations in Washington both for and against organiza- 
tion and opening of the Oklahoma lands. Finally, on the 3d 
of March, 1889, a law was passed, whereby the President, 
within thirty days, could issue a proclamation, throwing 
certain lands of Oklahoma open to settlers. Provision was 
made for establishing land offices, townsites, etc., but noth- 
ing was done to set up territorial government. 

Opening Day. — The opening day was set for the 22d 
of April, 1889. Time for entrance. 12 M. There was an 
immense throng gathered along the border lines that day. 
Men and women on horseback, families in wagons, some 
trusting to sturdy legs and good lungs, while others had 
hired relay ponies so they could get far inland to choice 
farms or townsites. The merchant and carpenter, the 
widow and the rich man, the homeseeker and speculator, 
touched elbows at the starting line. A call from the 
bugle and away they fly! The results, how wonderful! 
Where in the morning the wild flowers nodded in the 
breeze and the wolf dug his hole unscared, at night the 



nsas 
okee 



188 HISTORY OF OKLAHOMA 

furrows had been broken about new homes, and cities 
had sprung up with hundreds and thousands of in- 
habitants. 

No better pen picture of the Opening can be had than 
that given by an eye-witness: 

"The scenes on Monday morning (the 22d) beggar de- 
scription. Fully ten thousand people were clamoring to 
be allowed to board the first train. It was a typical Bull 
Run from daylight until the last of the fifteen trains for 
the south had left the depot at 11 A. M. As each of these 
fifteen trains passed the southern boundary of Kansas 
and entered upon the beautiful prairies of the Cherokee 
outlet — 

"Stretching in airy undulations far away, 

"As if the ocean in its quietest swell 

"Stood still, with all his rounded billows 

"Fixed and motionless forever — 
the human freight in every coach uncorked its exuberance 
in shouts and cheers that fairly shook the ground. As 
the first train reached the northern boundary of Okla- 
homa, it was halted until the remaining trains reached the 
same point, as near as the track would permit where they 
remained until signaled by the commanding officer of the 
troops stationed at that point to cross the line into the 
promised land. 

"Thousands of people, some in wagons and carriages, 
some on horseback, and some on foot, were massed on 
the north line of the Territory, awaiting the signal to 
enter. Many of the home-seekers who were in carriages 
and wagons unhitched from vehicles their fleetest horses, 
which they had mounted for the race. Now and then an 
impatient rider would cross the line, the exact location 
of which was only known to the troops and those familiar 
with the country, and it was amusing to see with what 
alacrity he would scamper back when challenged by the 
sentinels. While a large majority had no idea about the 
topography of the country they were about to enter, or 
where or in what direction they would find a desirable 



THE BEGINNING OF THE END L89 

piece of land, there were some who had, either in person 
or through friends, made selections in advance, which 
afforded them a decided advantage over their competitors 
in the race. While awaiting the signal to start, groups 
of men studying maps, charts, and hastily-drawn dia- 
grams of Oklahoma were seen all along the line. Riding 
to a high point of ground, where he could be seen for 
miles each way, with a flag in one hand and a bugle in 
the other, the signal officer took his position. At pre- 
cisely 12 o'clock he raised the bugle to his lips and gave 
the signal blast long and loud, waving and dropping the 
flag at the same moment. Then began the race for homes 
— a race beyond the power of pen to adequately describe. 
It was a race free to all. None were barred. Neither 
sex, age, or circumstances were imposed as conditions. 
The Government was the starter, and the American peo- 
ple were the racers. Cheers and shouts from ten thousand 
souls, a refrain to the bugle notes, sent their echoes o'er 
hill and plain, arousing into life the solitude of the en- 
chanting surroundings. The race began. The fleet racer 
and the plow horse are given free reins, and plied with 
whip and spur. 

"Away, away, they scale the hills, 
"And thunder o'er the plains. 

"The long railway trains, too, with ear-piercing shrieks 
from the engine whistles, joined in the race. From the 
windows of every coach came shouts of cheer and the 
waving of flags and handkerchiefs to those that were 
racing to the south on either side of the fast-flying trains. 
The ranks of the racers are diminishing on every side; 
they are seen to leap from their horses ; a happy shout, a 
waving of the hat, the setting of a flag or stake. They 
have taken a homestead. Oklahoma was the home of the 
white man ! . . . 

"While the foregoing scenes were enacted on the north 
line, thousands entered the Territory from the south, 
crossing the South Canadian at Purcell. . . . The 



190 HISTORY OF OKLAHOMA 

race for homes from the south line was one of the most 
exciting events of the opening in that portion of the Ter- 
ritory. At least a score of fords had been selected by which 
to reach the Oklahoma side of the Canadian, and as the 
hour of twelve drew near, hundreds of home-seekers 
mounted upon fleet horses formed in line at these different 
fords. On the opposite side of the river, mounted on a 
beautiful white charger, a target for a thousand anxious 
eyes, was Lieutenant Adair, of Troop L, Fifth Cavalry. 
It was from him that the signal to start— a bugle call — 
was to be given. Like well-trained jockeys, these long 
lines of riders were seeking for an advantage in the start. 
All, or many at least, knew the treacherous quicksands 
of the Canadian, and yet all were eager to be first in plung- 
ing into its waters. They saw the signal officer, watch in 
hand, away on the opposite shore, and just as the second- 
hand told the hour of twelve he gave the anxiously looked- 
for signal, and ere the stirring notes from the bugle had 
reached the ears of those in the furthest end of the col- 
umn, the foremost horsemen of the line, with yells that 
would have done credit to a band of Pawnee warriors 
dashed into the fords, followed by hundreds of others of 
equally excited riders. It was a furious dash, and horses 
and riders were literally drenched with water and covered 
with sand. Wagons and carriages, as thick as they could 
be crowded together, followed pell-mell the column of 
horsemen through the ford. The opposite bank gained, 
the immense throng spread out like a great army, cov- 
ering the entire country for miles, the advance only falling 
out of the race as they reached a claim that suited them. 
And so the race went on until all had driven a homestead 
stake into Oklahoma soil." 









CHAPTER VI 
WITHOUT ORGANIZED GOVERNMENT 

People from Every State. — The condition that the 
opening brought about was without a parallel. Here were 
men and women of every clime and creed and color; men 
came from every state ; from the barren coast of New Eng- 
land to the Golden Gate. They came with one common 
purpose, to secure a home and become a part of the future 
state of Oklahoma. 

Law and Order Prevailed. — We say the opening had 
no parallel. On every side was a great state of the 
American Union. On every side was as high a civiliza- 
tion as could be found in all the world. And in the center 
of it all was this home of the Red Man. Little wonder 
then that, with such a class of people possessing the land, 
law and order should have found its way out of chaos, and 
right and justice should have triumphed. 

Guthrie the Objective Point. — Seventy thousand people 
entered the first day. The afternoon was hot, yet the ex- 
citement made everyone forget the heat. The greater 
number of those who wanted to locate in a town came to 
Guthrie. It was named in the law as the seat of govern- 
ment, or capital. It was there that the land office was 
located, where all had to come to file their homesteads or 
lots. It was the best advertised place. Within half a 
day fifteen trains had unloaded more than ten thousand 
people, and at nightfall fifteen thousand persons, many of 
them hungry and without shelter, had located upon the 
half section of land which composed the townsite. 

"At evening's mellow close 
"Mustered here the savage foes, 
"But when the morning sun arose 
"Cities filled the land." 

191 



102 HISTORY OF OKLAHOMA 

Provisional Government for the Towns. — The condi- 
tions at Oklahoma City, Kingfisher, El Reno and other 
towns during the first days after the opening were the 
same as those at Guthrie. There was no organized govern- 
ment except such as might be enforced by United States 
deputy marshals, who had to report to the United States 
court at Muskogee, several hundred miles away. There 
were few of these deputies given to a district covering hun- 
dreds of miles in area, and they made no effort to do 
more than make arrests for violation of the liquor laws, 
and such serious crimes as murder, or stealing horses or 
cattle, and taking the offenders to Muskogee. The people, 
then, to a great extent had to take the law into their own 
hands and make it for themselves. This they did in 
each town within a few days after the opening, by the 
election of a mayor and other town officers, including po- 
licemen. 

Arbitration Boards. — It is easy to see, where thousands 
of persons located in a town in a day, each claiming a 
piece of ground twenty-five feet or fifty feet wide, that 
disputes would arise over the ownership. Two or more 
persons sometimes claimed the same lot. These disputes 
had to be settled, and settled quickly. No law provided 
for settling them except an appeal to the federal court at 
Muskogee, and that method was slow and expensive. Ar- 
bitration boards were therefore appointed to hear and de- 
cide disputes. While the proclamation of the President 
stated that no one should enter the lands before noon 
of the 22d, and those who so entered were called "soon- 
ers," in Guthrie these boards decided that the first occu- 
pant, whether a "sooner" or not, was entitled to possession. 
This was contrary to law, and many unfortunate persons 
lost what rightfully belonged to them. 

Provisional Government for the Territory. — The Eng- 
lish people have always had certain natural liberties which 
have been recognized from time to time. Among these 
was the right of petition to the king or government, for 



WITHOUT ORGANIZED GOVERNMENT 

the redress or correction of wrongs or injuries. Thi> 
right was recognized in the Great Charter, which the 
barons wrung from King John in 1215. Quite different 
was this right from the action taken many years ago by 
Czar Peter of Russia:, who ordered that a petition might 
be addressed to two ministers of state, and if they failed 
to grant relief the petitioner might send his petition to the 
czar, but if the czar refused it, the petitioner should be 
killed. The result was that very few petitions ever 
reached the czar. Such a proceeding belonged only to a 
tyrant. This right of petition has been repeatedly recog- 
nized in England and in this country, not only by the 
Declaration of Independence and federal constitution, but 
by the state constitutions. 

So, when the people settled in Oklahoma in 1889, not 
only those who lived in towns, but those as well who 
lived in the country, found themselves without any laws. 
It was a bad state of affairs. The question of organizing 
the Territory was uppermost in the minds of all. The 
people, therefore, decided to petition congress for relief. 
In May, 1889, a convention was called to meet at Guthrie 
in July, for this purpose, and also to form a territorial 
government. The convention met and adjourned until 
August, at which time it adopted an organic act, prepared 
a petition to congress, and divided the territory into coun- 
ties. Opposition prevented anything being done toward 
organizing the Territory, except that the petition was 
sent to congress. While the convention failed to accom- 
plish its full purpose, it brought prominent men together 
and got them acquainted, and hastened action by congress. 

Lot Jumping — Statu Quo Order. — Contrary to the or- 
der of the President, hundreds of persons were at Guthrie. 
staking out lots, twenty-four hours before the opening. 
This created great dissatisfaction among those who hon- 
estly entered, and the action of the arbitration boards 
served to make the feeling more intense. Lot-jumping 
and contests continued through the summer and fall of 



194 HISTORY OF OKLAHOMA 

1889, until the people almost ceased to have patience. They 
held public meetings, and the Secretary of the Interior at 
Washington was appealed to. Finally, there was issued 
from Washington what has been known as the ''statu quo" 
order, instructing United States marshals to prevent lot- 
jumping. This order had no legal force, but it quieted the 
people. 1 

Social and Industrial Development — Political Parties. — 
The social and industrial development of the people during 
the first year was little short of marvelous, and showed the 
true boomer spirit. Within a month after the opening a 
system of waterworks had been built at Guthrie, and, 
during the Fall, an electric light plant. Fortunately, in 
this town of wooden buildings, there was no fire during 
the first year. Banks and newspapers were established 
during the first month in all the principal towns. Social, 
religious and fraternal societies organized shortly after 
the opening. Among these were the Masons, Odd Fel- 
lows, Grand Army of the Republic, and Knights of 
Pythias. Party lines were not drawn during the first 
year, although the Republicans held the first political con- 
vention in the Territory in January, 1890, and the Demo- 
crats followed in March. Many ministers of the gospel 
came on the first trains, and churches were soon estab- 
lished. 



1 Many amusing- as well as exciting- scenes were caused by this 
order. In one instance a lot was jumped and a house built upon it. 
The marshals removed the house into the street. The owner moved 
it back to the lot. The marshals again moved it into the street. 
This see-sawing continued for several days, to the amusement of 
all except the parties who owned the house and lot. 

In another case two men who had not secured a lot were passing 
along* and saw a man under the influence of liquor wrapped in a 
blanket asleep on a lot. They quickly procured a tent, pitched it 
over the sleeping stranger, made their own beds under it, and took 
possession. The next morning the two men arose, awakened the 
stranger, and asked him if it wasn't about time he was moving. 
The stranger was much surprised to find himself under a tent; said 
he had located a lot somewhere around there; that this looked like 
the lot, but his lot had no tent on it; and left. He was never heard 
of again. 



WITHOUT ORGANIZED GOVERNMENT 195 

Territorial Government in Sight. — The enterprising, 
progressive people who came to Oklahoma at the opening 
were not to be long ignored at Washington, to which 
place they had to look for the passage of laws. These 
people had come from all sections of the United States 
and many of them had been prominent in politics in the 
old states. The demand for settled conditions and laws 
to govern the Territory was kept up without ceasing 
during the first year, with the result that congress in May. 
1890, passed a law providing for a territorial form of gov- 
ernment. 



CHAPTER VII 
TERRITORIAL GOVERNMENT 

Indian Territory Part of Louisiana Purchase. — It must 
be understood that, while a large area of land was 
opened to settlement in 1889, the Territory of Oklahoma, 
as it existed at the time of statehood, had not been brought 
into existence. Prior to 1890 the entire area which now 
constitutes the state of Oklahoma was known as Indian 
Territory. It had been the home of numerous tribes of 
Indians since the Louisiana Purchase, of which it formed 
a part, in 1803. Upon the 30th of April of that year the 
Treaty of Paris was concluded between France and the 
United States and in that treaty it is stated that the 
"French republic has an incontestable title to the domain 
and to the possession of Louisiana." In Article III is this 
language : 

"The inhabitants of the ceded territory shall be incor- 
porated in the union of the United States, and admitted as 
soon as possible, according to the principles of the federal 
constitution, to the enjoyment of all the rights, advantages, 
and immunities of citizens of the United States ; and in the 
meantime they shall be maintained and protected in the 
free enjoyment of their liberty, property, and the religion 
which they profess." 

States Carved Out of Louisiana Purchase. — Since 1803 
fourteen states had been either wholly or partially carved 
out of the empire included in the Louisiana Purchase ; but 
more than one hundred years elapsed before the guaranty 
contained in the Treaty of Paris was realized and Okla- 
homa given statehood. 

Oklahoma and Indian Territory Separate and Distinct. 
— Prior to statehood, and subsequent to 1890, the territory 
of Oklahoma and Indian Territory were separate and dis- 



TERRITORIAL GOVERNMENT 197 

tinct. The vast area comprised lands of the Five Civilized 
Tribes : Cherokee, Creek, Seminole, Choctaw, and Chicka- 
saw; also the Delawares, Buchees, Quapaws, Peorias, Ot- 
tawas, Modocs, Shawnees, Wyandottes, Senecas, Chey- 
ennes, Arapahoes, Comanches, Kiowas, Apaches, Wichitas, 
Caddos, Osages, Kaws, Poncas, Otoes, Missourias, Paw- 
nees, Tonkawas, Sacs and Foxes, Iowas, Kickapoos, Pot- 
tawatomies. By act of congress in 1890, the territory of 
Oklahoma and Indian Territory, as they existed at the 
time of statehood, were created. 

No Man's Land — Opening of Indian Reservations. — 
The act of 1890 also included in the territory a strip of 
land one hundred and sixty-seven miles long and thirty- 
four and one-half miles wide, known as "No Man's Land" 
(so-called because not included within any state or or- 
ganized territory). The latter strip now comprises Cim- 
arron, Texas, and Beaver counties. September 19, 1891, 
the lands of the Iowa, Sac and Fox, and Pottawatomie 
Indians were opened for settlement. The counties of Lin- 
coln and Pottawatomie, as they existed before statehood, 
were created out of these lands. April 19, 1892, the lands 
of the Cheyenne and Arapahoe Indians, being 4,297,771 
acres, were opened for settlement. The counties of 
Blaine, Custer, Dewey, Day, Roger Mills, and Washita, as 
they existed prior to statehood, were created out of these 
lands. The Cherokee Strip, comprising 6,014,293 acres 
was opened for settlement September 16, 1893. The coun- 
ties of Pawnee, Noble, Kay, Woods, Grant, and Wood- 
ward, as they existed before statehood, were created out 
of these lands. Upon May 23, 1895, the lands of the 
Kickapoos, comprising 206,662 acres, were opened for 
settlement. These lands were located within the organ- 
ized counties of Oklahoma, Lincoln, and Pottaw r atomie. 
August 6, 1901, the Kiowa, Comanche, Apache, and 
Wichita reservations, comprising nearly four million acres, 
were opened. The counties of Caddo, Comanche, and 
Kiowa were formed out of these lands. The Otoe, Ponca, 









198 HISTORY OF OKLAHOMA 

Missouri, and Kaw reservations were opened in 1904; and 
in December, 1906, the last opening of Indian lands in 
Oklahoma took place. At this opening, 505,000 acres, 
comprising lands in the Comanche and Apache reserva- 
tions, were sold in 160-acre pieces to the highest bidders 
The Osage reservation has been allotted, and the lands 
lie within Osage county. 

Organization of Territorial Government Under the Or- 
ganic Act. — The Act creating the Territory of Oklahoma 
was approved by the President on the Second of May, 
1890. It has been called the "Organic Act,", because it 
was the law or act of congress which provided for the 
organization of territorial government. It gave the peo- 
ple of the Territory the right and power to elect their local 
officers, except governor and secretary, (who were to be 
appointed by the President) ; a power which they did not 
have before the passage of the Act. 

Further Provisions of Organic Act — Counties. — The 

governor was given the power to appoint all officers of the 
counties and Territory, and it was provided that these 
officers should serve until the end of the first legislative 
session. He was also given the power to lay off the bound- 
aries of all legislative districts and counties ; the only 
provision relative to counties being that there should be 
seven, named, respectively, First to Seventh. The names 
of these counties were afterward changed by popular vote 
to Logan, Oklahoma, Cleveland, Canadian, Kingfisher, 
Payne, and Beaver. Later on, new counties were formed 
out of lands opened to settlement, and these counties, to- 
gether with those last mentioned, remained the counties 
of the territory of Oklahoma until changed by the con- 
stitution of the state. The names of the new counties 
formed were as follows : Grant, Kay, Garfield, Noble, 
Lincoln, Blaine, Caddo, Custer, Dewey, Day, Woods, 
Woodward, Greer, Roger Mills, Kiowa, Washita, Pawnee, 
Comanche, and Pottawatomie. 



TERRITORIAL GOVERNMENT IW 

Organic Act — Courts — Legislature. — The executive 
power of the Territory was given to a governor and sec- 
retary, and other smaller officers provided by the terri- 
torial laws. The legislative power was given to an as- 
sembly, elected by the people, consisting of a council and 
house of representatives, numbering thirteen and twenty- 
six members, respectively. The judicial power was given 
to a supreme court, district courts, probate courts, and 
justices of the peace. The supreme court, under the Or- 
ganic Act, consisted of three justices, but later the num- 
ber was increased to five, and then to seven. Each su- 
preme justice held court in a district ordered by the su- 
preme court, and when sitting together, they constituted 
the supreme court of the Territory. The probate judges, 
justices of the peace, and all other county officers, were 
to be elected by the people. 

Appointment of First Governor. — Immediately upon ap- 
proval of the Organic Act, President Harrison appointed 
George W. Steele of Indiana as governor, and he entered 
upon his duties the 22d of May, 1890. 

Governor Steele's Administration. — Governor Steele 
had a very difficult condition of affairs to solve; probably 
as difficult as any that ever confronted an American ex- 
ecutive. He was the one man upon whom the law placed 
the responsibility of laying out the seven new counties. 
This in itself would have been enough to cause jealousies 
under ordinary conditions. He also had the appointment 

of ten countv officers in each countv, beside the laving off 

j 
of thirteen council and twenty-six representative districts. 

As it was Governor Steele's appointees gave general satis- 
faction. 

Meeting of First Legislature — Capital Location. — Gov- 
ernor Steele called the legislature in session, and it met 
on the 27th of August. It remained in session until the 
24th of the following December; almost the entire period 
being given to a consideration of the question of locating 
the territorial capital and public institutions, and it was 



200 HISTORY OF OKLAHOMA 

during the closing days that nearly all laws of a general 
nature were passed. The agricultural and mechanical col- 
lege was located at Stillwater, and a normal school at Ed- 
mond. 

Bills, locating the capital first at Oklahoma City, and 
then at Kingfisher, were passed and vetoed by Governor 
Steele. This action of the Governor pleased the people 
of Guthrie very much, but was a great disappointment to 
those interested in locating the capital at Oklahoma City. 
It permitted the capital to remain at Guthrie, where it had 
been located by the Organic Act, until the people of the 
Territory should decide to change it to some other place. 
The people were never permitted to change it, however, 
because, in each appropriation bill passed by congress for 
the expenses of the Territory, a provision was inserted 
that it should not be moved from Guthrie. 

Such is the brief story of the first effort to move the 
capital from Guthrie; an effort that continued without 
success for twenty years, but which resulted in the re- 
moval to Oklahoma City in 1910. 

Delegate to Congress. — The Organic Act provided that 
the new Territory should have representation in congress 
by a delegate, who should have a seat in the House of 
Representatives, but no vote. This meant that the dele- 
gate might be a member of important committees and 
might make speeches on the floor of the House and urge 
necessary laws for the people of the Territory. The elec- 
tion was held on the 4th of November, and the Repub- 
lican candidate, David A. Harvey, was chosen for the 
unexpired term in the Fifty-first congress, and for the 
full term in the Fifty-second congress. 

The Iowa, Sac and Fox, and Pottawatomie Opening oc- 
curred during Governor Steele's administration. This was 
on the 19th of September, 1891, and resulted in the ad- 
dition of two new counties, Lincoln and Pottawatomie, 
the boundaries of which since statehood have continued 
to be the same as originally laid out at this time. 



TERRITORIAL GOVERNMENT 201 

Death of Captain Couch. — The year 1890 is in many 
ways the most memorable year in Oklahoma's history, but 
none the less because in April of that year occurred the 
death of Captain \Y. L. Couch, the successor of Captain 
Payne. Captain Couch was killed while defending his 
homestead, which is now a part of Oklahoma City. He 
was a brave, generous, heroic man, and should be remem- 
bered reverently, along with Captain Payne, by all loyal 
Oklahomans. 

The Census of 1890 showed the population of the Terri- 
tory to be 60,417, of which 3,300 were negroes. 17.071 
school children were attending school. The population by 
counties was given as follows: Logan, 14,254; Oklahoma, 
12,794; Cleveland, 7,011; Canadian, 7,703; Kingfisher, 
837; Payne, 6,836; Beaver, 2,982. The census showed the 
population of Indian Territory to be 179,321, of which 
50,616 were Indians. 

Resignation of Governor Steele. — Commencing with the 
Opening in 1889, there had been a persistent demand on 
the part of those who came into the Territory at that time 
that all federal appointees should be residents of the Ter- 
ritory before their appointment. These federal appoint- 
ments constituted the most important officers of the Ter- 
ritory; embracing governor, secretary, United States 
judges, attorney, marshal, and the registers and receivers 
of the land offices. It had been the custom of national 
administrations for many years to appoint non-residents, 
or outsiders, to federal offices in the territories. This prac- 
tice had always met the opposition of residents of the 
Territory affected. So when Governor Steele resigned 
President Harrison was urged to appoint a home man; 
a resident of the Territory. This he did on the 18th of 
October, 1891, by the appointment of Judge A. J. Sea; 
Kingfisher, who was then one of the United States judges. 

The Cheyenne and Arapahoe Opening occurred during 
Governor Seay's administration, on the 19th of April. 
1892. These reservations comprised more than four mil- 



202 HISTORY OF OKLAHOMA 

lion acres, and added six new counties to the Territory, 
these being Blaine, Custer, Dewey, Day, Roger Mills, and 
Washita, as they existed before statehood; a magnificent 
domain in the central western part of the Territory. 

The Election of 1892. — Before statehood the Territory 
was close, politically, although the republicans seemed to 
be a little more numerous than the democrats. In the 
election of 1892 Dennis T. Flynn, a republican who had 
been postmaster of Guthrie since the Opening, was elected, 
although this was the same year in which Grover Cleve- 
land was elected president. 

Agitation for Statehood.— This commenced definitely in 
1893, when Delegate Flynn, shortly after his election, in- 
troduced a bill in congress, providing for one state, to be 
composed of the Territory of Oklahoma and Indian Ter- 
ritory. The committee in congress recommended one state, 
to be composed of Oklahoma alone. This was the be- 
ginning of a hard contest between those who favored sin- 
gle statehood (Oklahoma and Indian Territory to be one 
state) and those who favored separate, or double state- 
hood, (Oklahoma and Indian Territory to be separate 
states) which continued without ceasing until statehood 
was actually given in 1906., At different times during 
those years mass conventions and meetings were held by 
the advocates of each form of statehood, and delegations 
were sent to Washington every year. This is believed by 
many to be the main reason why statehood was not 
granted sooner than it was. The people themselves were 
about equally divided in number among those who favored 
single and double statehood. 

Governor Renfrow's Administration. — Governor Seay 
was a strong and fearless executive, combining a ripe ex- 
perience in business affairs with a well-developed judicial 
mind. He continued in office until after the election of 
1892 and was succeeded in May, 1893, by the appointment 
of William C. Renfrow of Norman, a democrat; another 
home man. 



TERRITORIAL GOVERNMENT 203 

The Opening of the Cherokee Outlet, or, as it is fre- 
quently called, the Strip, occurred during Governor Ren- 
frow's administration, on the 16th of September, 1893. 
This added more than six million acres and six new coun- 
ties to the Territory; the counties being Pawnee, Noble. 
Kay, Woods, Grant and Woodward, as they existed before 
statehood. This opening was had in the same way as 
the opening of 1889, and was attended by similar exciting 
scenes. 

This Opening was the result of action taken by con- 
gress in the bill providing for the opening of Oklahoma 
lands to settlement in 1889. As stated in Chapter III, 
shortly after the organization of this government, congress 
commenced to consider the question of removing all In- 
dians west of the Mississippi ; the original idea being to get 
the Indians away from the demoralizing influences and im- 
positions of the white man, and to avoid conflicts which 
were constantly arising between Indians and white set- 
tlers on the borders. Through treaties the different Indian 
tribes were urged to move, and they located upon lands in 
Indian Territory. But a disagreement arose between the 
government and the Cherokees over the ownership of the 
Cherokee Outlet (the Strip) ; so, when the bill opening 
Oklahoma to settlement was passed, it was provided that 
a commission should be appointed to settle differences con- 
cerning the lands west of the ninety-sixth meridian, com- 
prising about thirty million acres, and open these lands 
to white settlement. This was done upon the request 
of the Cherokees, who sent a delegation to Washington 
in February, 1889. It was later agreed between this com- 
mission and the Cherokees that the Outlet should be 
bought by the Government of the United States, and it 
was agreed with the other Indians that they should be 
given about eighty acres of land apiece for each man, 
woman and child, and paid a certain sum of money each 
vear. 



204 HISTORY OF OKLAHOMA 

But the original idea of our national government to 
have the Indians form a state, without the interference of 
the white man, was but a dream. Even without law the 
white man was not to be kept from entering the lands of 
the Indian, and, at the time of the opening in 1889, not 
more than a tenth of the population consisted of full- 
bloods. 

Elections of 1894 and 1896. — Delegate Flynn was again 
chosen in the election of 1894, but was defeated in 1896 
by James Y. Callahan of Kingfisher county, who was 
elected by the united votes of the democrats and populists. 
He was called the fusion candidate. The fusion ticket in 
the latter year also gained control of the Legislature ; the 
republicans being defeated for the first time since the or- 
ganization of the Territory. This was the year in which 
many of the western states cast their votes for William 
Jennings Bryan for president. 

The Kickapoo Opening occurred in 1895. The Kickapoo 
lands comprised a little more than two hundred thousand 
acres located within Oklahoma, Lincoln and Pottawatomie 
counties. 

Greer County. — There had been a dispute for a number 
of years between the state of Texas and the United States 
over the ownership of Greer County, and provision was 
made in the Organic Act for a settlement of that con- 
troversy by the supreme court of the United States. The 
point in dispute was whether the north fork or south fork 
of Red River was the boundary between Indian Territory 
and Texas, according to the treaty of 1819, entered into 
by Spain and the United States. The supreme court in 
1895 determined that the south fork was the true bound- 
ary, and that Greer county was subject to the jurisdic- 
tion of the United States, and not of Texas. 

A Tornado at Chandler, and flood at Guthrie, in 1897, 
caused great loss of property, and some lives. 

The Northwestern Normal School at Alva was estab- 
lished during the spring of this year, in the closing days of 



TERRITORIAL GOVERNMENT SOS 

Governor Renfrew's administration. This enabled the 
people in a section of the Territory far removed because 
of lack of direct railway communication to have one of 
the high educational institutions conveniently located. 

Appointment of Governor Barnes. — Governor Renfrow 
was the first governor to continue in office the full term 
of four years, for which he was appointed. The national 
election of 1896 had brought the republican party back 
to power by the election of a republican president, William 
McKinley. This caused a change in the political appoint- 
ments in Oklahoma. On the 24th of May, 1897, Governor 
Renfrow was succeeded by Cassius M. Barnes of Guthrie, 
who continued in office four years. 

Railroad Development. — In 1898, there was a great deal 
of railroad building. The St. Louis & San Francisco ex- 
tended its line from Sapulpa to Oklahoma City, thus start- 
ing Oklahoma City on its rapid growth. The Choctaw, 
Oklahoma & Gulf (now the Rock Island) extended its 
road from El Reno to Weatherford, and eastward from 
South McAlester; thus giving direct connection east and 
west through the two territories with the extensive coal 
fields of McAlester. 

Spanish-American War. — This year also saw an im- 
portant part played by Oklahoma, as well as Indian Ter- 
ritory, in the Spanish-American War. One tr cav- 
alry was organized in each Territory, and these became a 
part of Roosevelt's Rough Riders. Capt. Allyn K. Capron 
of Indian Territory troop, a gallant officer, was killed on 
San Juan Hill. 

The Election of 1898 resulted in the Territory going 
back into the republican column, and the election of for- 
mer delegate Flynn and a majority of the members of the 
Legislature. 

The Federal Census of 1900 gave Oklahoma a popula- 
tion of 398,331, and Indian Territory 392,060. Neither 
Territory had a town of more than ten thousand popula- 
tion. 



206 HISTORY OF OKLAHOMA 

Free Homes Bill. — Aside from the opening of lands to 
settlement in 1889, the most important law passed by con- 
gress for the benefit of the Territory of Oklahoma is known 
as the Free Homes Bill. Delegate Flynn labored for 
many years for the passage of this bill, and it became a law 
in 1900. It gave free homes to settlers upon the Iowa, Sac 
and Fox, and Pottawatomie reservations. 

The Election of 1900 resulted in the re-election of Dele- 
gate Flynn, although the democrats secured control of 
the upper house of the Legislature. 

Appointment of Governors Jenkins and Ferguson. — At 
the end of Governor Barnes' term in 1901, President Mc- 
Kinley appointed as governor William M. Jenkins, who 
had been territorial secretary. After the death of Presi- 
dent McKinley, President Roosevelt, in November, 1901, 
appointed Thompson B. Ferguson of Watonga as gov- 
ernor. 

The Crazy Snake Uprising occurred in 1901. A number 
of Creek full-bloods in Indian Territory, under the leader- 
ship of their chief, Crazy Snake, did not like the United 
States government to allot their lands and abolish their 
tribal government. Chief Crazy Snake and some of his 
followers were arrested. 

Oil and Gas. — This year also saw the beginning of the 
great development of the oil and gas industry near Tulsa 
and Red Fork. 

The Southwestern Normal School at Weatherford was 
established during this year. 

The Kiowa, Comanche, Apache and Wichita Reserva- 
tions were opened to settlement in August of this year, 
comprising nearly four million acres. Three new counties, 
Caddo, Comanche and Kiowa, as they existed before 
statehood, were formed out of these lands. 

Election of 1902 and 1904.— The election of 1902 re- 
sulted in a victory for the republican candidate for dele- 
gate, Bird S. McGuire of Pawnee ; Delegate Flynn having 
declined to run. The control of the Legislature was again 



TERRITORIAL GOVERNMENT 307 

divided, the democrats electing a majority of the lower 
house this time. Mr. McGuire was again successful in 
1904, and the republicans gained control of both branches 
of the Legislature. 

A Flood in the Canadian Valley in 1904 injured or de- 
stroyed every bridge. Human ingenuity has not yet de- 
vised a bridge that will withstand the great forces of 
nature, and some of the bridges costing as much as a hun- 
dred thousand dollars were destroyed in this flood. Rail- 
road traffic was stopped for several days. 

Appointment of Governor Frantz. — Governor Ferguson 
served four years, and at the expiration of his term Presi- 
dent Roosevelt, in January, 1906, appointed Frank Frantz 
of Enid, who continued as governor until statehood. 

Opening of the Big Pasture. — In December, 1906, the 
last opening of lands in Oklahoma took place. This was 
land located in the southwestern part of the Territory, 
known as the Big Pasture, and comprised lands in the 
Comanche and Apache reservations. This opening was 
not on the racing or drawing plan. The "Pasture" was 
divided into 160-acre tracts, and a person would bid a 
price which he thought the land was worth. The high- 
est bidders secured the farms. 

Such is the Brief Story of the development of the Ter- 
ritory of Oklahoma, and the relation of Indian Territory to 
it, up to the time of statehood ; a story full of thrilling 
interest, of pioneer heroism and privation ; a story of the 
part taken by the white man and the Indian, side by side, 
in the formation of a state of the American Union. 

But let us examine briefly the conditions in Indian 
Territory after passage of the Organic Act in 1890. 



CHAPTER VIII. 

THE FIVE CIVILIZED TRIBES 

Indian Territory, Its Creation, Subdivisions, and Gov- 
ernment. — By the same act which created the territory of 
Oklahoma, Indian Territory, as it existed prior to state- 
hood, was created. 

This territory was the home of the Five Civilized Tribes, 
— the Cherokee, Creek, Seminole, Choctaw, and Chickasaw. 
These tribes had been granted the lands included in In- 
dian Territory, as now defined, by treaties entered into 
between the various Indian tribes and the United States 
many years before, under the terms of which the tribes ac- 
cepted the lands granted in lieu of their lands in the Caro- 
linas, Alabama, Georgia, Florida, and Mississippi, and 
agreed to remove from those states to Indian Territory. 
In the case of the Choctaws and Chickasaws, a conference 
between President Andrew Jackson and the Indians was 
held at Franklin, Tennessee, and in this conference, Pres- 
ident Jackson assured the Indians they could have the 
lands west of the Mississippi "as long as the grass grows 
and water runs." 

Government of Five Civilized Tribes. — Prior to 1898 the 
Five Civilized Tribes exercised their functions of govern- 
ment, each having a complete set of officials. Each had a 
chief, or governor, tribal courts, and legislatures or coun- 
cils. Even since 1898, although the tribal courts were 
abolished, the Indian governments have been continued in 
a modified form, for the purpose of adjusting the tribal 
afifairs. 

Civil Government in Indian Territory. — Under the act 
of 1890, Indian Territory was divided into three judicial 
divisions, and the United States judge appointed under 



THE FIVE CIVILIZED TRIBES 20<j 

the act of 1889 was limited in his jurisdiction to the three 
divisions. In 1895, these divisions were changed to the 
Northern, Central, and Southern districts, and at the time 
of the admission of the state another district had been ad- 
ded, namely, the Western. The Northern district com- 
prised the Cherokee Nation; the Western district, the 
Creek and Seminole Nations ; the Central district, the 
Choctaw Nation; and the Southern district, the Chickasaw 
Nation. At the time of the admission of the state there 
were two United States judges for each district, four of 
whom constituted the United States court of appeals of 
Indian Territory, to which appeals could be taken from 
the respective districts. 

Towns and Schools in Indian Territory. — Prior to 189S 
there were no incorporated towns in Indian Territory, and, 
aside from the authority exercised over towns by the Uni- 
ted States courts, there was no government. True, each 
Indian tribe had a government, but the tribes had no juris- 
diction of or authority over crimes and breaches of the 
peace committed by white people, and these governments 
at best were wholly unable to combat crime, and stamp it 
out. In 1898 there were more than three hundred and 
fifty thousand persons in Indian Territory, and the coun- 
try was dotted with towns having a population of from 
one hundred to five thousand people ; yet there was no 
organized town government in any of these. There were 
no schools except the Indian schools, to which only In- 
dian children were eligible, save upon payment of a tui- 
tion. True, there was occasionally a neighborhood school, 
supported by private subscription, but there were not 
many of them, and thousands of children were growing 
up in ignorance. Ardmore, Muskogee, South McAlester, 
Chickasha, Vinita, Pauls Valley, and one or two other 
towns, each had a population of from one thousand five 
hundred to five thousand, yet there was no police protec- 
tion, except by the United States courts, and no public 
schools, — in truth, no town government. In 1898, con- 



210 HISTORY OF OKLAHOMA 

gress passed a law known as the "Curtis bill," which per- 
mitted towns to incorporate and form municipal govern- 
ments, and the people within a few months organized mod- 
ern municipalities. Unsightly frame private school build-, 
ings soon gave way to modern brick and stone structures, 
and thousands of poor children in the towns, who were 
unable to pay tuition to attend private schools, were now 
enabled to secure the benefits of the public school. 

Terms of Enabling Act; Status of Indians. — By the 

terms of the enabling act admitting the state of Oklahoma 
into the Union (Sec. 1), and the constitution of the state 
(Art. 1, Sec. 3), the United States retains, and the state 
disclaims, all right and title in or to "all lands lying 
within the limits of the state, owned or held by any In- 
dian, tribe or nation ; and that until the title to any such public 
land shall have been extinguished by the United States, the 
same shall be and remain subject to the jurisdiction, disposal, 
and control of the United States/' 

It therefore becomes exceedingly important for the fu- 
ture citizen of Oklahoma to know the status of the In- 
dians residing in old Oklahoma Territory, and in that por- 
tion of the state formerly known as Indian Territory, inas- 
much as those Indians have a double responsibility and citizen- 
ship, which is not at first easily understood. They are sub- 
ject to the laws of the state in everything except their prop- 
erty rights, and in the latter, subject to the qualifications and 
limitations above quoted. 

Allotment of Lands. — Each Indian has an allotment 
which consists of a tract of land varying in size from forty 
acres to several thousand. The acreage of the allotment is 
determined by its value. 

Supervision of Department of Interior. — The depart- 
ment of the interior at Washington has from the first had, 
and still has, under the terms of the enabling act and the 
state constitution, power and authority to allot the lands to 
the Indians. There is an Indian agency, called the Union 



THE FIVE CIVILIZED TRIBES 



211 



agency, at Muskogee, which, together with the commissioner 
to the Five Civilized Tribes (an officer appointed by the 
president), represents the department of the interior in closing 
up the affairs of the Five Civilized Tribes. There are also 
Indian agencies at Anadarko and Pawhuska. 

Indians and Slaves. — The Five Civilized Tribes owned 
slaves before the Civil War, and these slaves of Indians, 
and their descendants, are called freedmen. Each freed- 
man has an allotment, which varies in size in the different 
nations. 

Leasing of Indian Lands, Minerals. — Each Indian can 
allot lands located in the nation only of which he is a 
member, except that the Choctaws and Chickasaws may allot 
lands located in either the Choctaw or Chickasaw Na- 
tion. The Indians are permitted to lease all their lands 
except homesteads, and under some circumstances may lease 
the homesteads. They receive a royalty upon the produc- 
tion of minerals, oil, and gas, and in the Osage, Creek, and 
Cherokee Nations these royalties in some instances amount 
to thousands of dollars per year. The department of 
the interior has supervision of leases made by Indians by 
blood. 

Indian Schools. — There is also a vast amount of money 
held in trust by the government for the Indians, for sup- 
port of Indian schools. Prior to statehood, Indian chil- 
dren could attend these schools free. 



CHAPTER IX 

THE CONSTITUTIONAL CONVENTION 

Struggle for Statehood. — For seventeen years Okla- 
homa Territory and Indian Territory had been demanding 
statehood. The territory of Oklahoma, having a delegate 
in congress, possessed an advantage over Indian Terri- 
tory. The latter had no voice in congress, and no author- 
ized representative who had local pride and interest in its 
development and progress, entitled to recognition by the 
executive and legislative powers in Washington. For 
seventeen years Oklahoma Territory and Indian Territory 
had been sending patriotic delegations annually to the 
seat of government, knocking at the doors of congress, in 
an effort to secure the performance of the guaranty con- 
tained in the Treaty of Paris. 

The Sequoyah Convention. — Every state in the Ameri- 
can Union has been developed in the air of discussion. 
The use of the right granted to our first fathers in the 
Magna Charta and incorporated in our federal constitu- 
tion, "peaceably to assemble/' and to petition for a redress 
of grievances, has' been the way by which Oklahoma has 
reached statehood. The student should look in upon some 
of these conventions of territorial days, and note the men 
and measures which were presented to prove our right 
to become a state. 

Because of the Avide discussion it provoked, because it 
represented the power and view of the able and advanced 
Indians of Indian Territory as no other movement for 
statehood had, it is well to speak of the Sequoyah Con- 
vention. 

The name "Sequoyah" belonged to a father of the 
Cherokees, a mighty chief in council, but mightier in 
deeds of love for his people. Though unlearned, and sur- 

212 



THE CONSTITUTIONAL CONVENTION 

rounded by a people who had no written language, like 
Alfred the Great he knew the worth of learning, and set 
his face toward bringing it to his nation. Patiently, 
heroically, grandly he worked, until he builded from the 
spoken language of the Cherokee an alphabet and a writ- 
ten speech, the Cherokee syllabary. 

No wonder, then, when the Indians met in council at 
Muskogee, the 21st of August, 1905, to form a consti- 
tution and build a separate state, they could find no better 
name for that constitution and state than "Sequoyah." 

There were always some in both Indian Territory and 
Oklahoma Territory who expected statehood for each. In 
fact, it was not until several disappointments had come 
to each from congress that the territories came to feel 
that single statehood was all congress would give. But 
congress would not act. There were statements coming 
from high places in Washington that the Indian was not 
capable of government; so in the spring and summer of 
1905, the Five Civilized Tribes began a movement which 
would protest against such indifference from the federal 
authorities. 

The Five Tribes or nations were divided into con- 
venient voting districts; delegates went before the people; 
and, being elected upon certain issues, were sent to Mus- 
kogee, where, as said before, on the 21st of August, the 
convention met to frame a constitution for a new state. 

The convention nominated four candidates for congress. 
— two republicans, and two democrats, — two being Indians, 
and two being white men. Their names were submitted 
to the voters along with the constitution, together with the 
county-seat location in each county. 

The opposition to the Sequoyah movement was an indi- 
rect effort to prevent the voters going to the polls. Not- 
withstanding this effort, the vote upon the Sequoyah con- 
stitution was the largest by which any constitution up to 
that time had been ratified, and was the largest vote in an 
election for the ratification of a constitution ; it being yeas, 






214 HISTORY OF OKLAHOMA 

56,279; nays, 9,073. The vote for congressmen was about 
the same for each of the candidates as the vote in favor 
of the constitution. 

After a work of several months, a constitution was pre- 
sented to the people, and a vote taken upon its adoption 
the 7th of November, 1905. 

Passage of Enabling Act. — Congress, however, had de- 
termined that one state should be made out of the two terri- 
tories. In the Spring of 1906, statehood became certain, 
and on the 16th of June of that year, the act creating the 
new state of Oklahoma — called the enabling act — was ap- 
proved by the president. 

Provisions of Enabling Act; Meeting of Convention. — 
This act provided for the formation of one state out of the 
two territories, and that delegates to a constitutional con- 
vention should meet on the second Tuesday after their 
election. The election of delegates was held November 6, 
1906, and on the 20th the delegates met in convention at 
Guthrie. The proposed state of Oklahoma had commenced 
to make history. 

Convention Composed of 112 Delegates. — The constitu- 
tional convention was composed of one hundred and twelve 
delegates, ninety-eight of whom were democrats, thirteen 
were republicans, and one was independent. 

Meeting of Convention. — The convention was organized 
by the election of William H. Murray as president. He was 
the nominee of the democratic caucus, and he had no 
opposition. 

Constitution Completed. — The constitutional conven- 
tion was in session, barring a recess during the holidays, 
and another during the spring of 1907, until July 16, 1907, 
at which time it presented to the people the completed 
constitution. 

Opposition to Adoption; Election on Constitution. — 
The division of old counties of Oklahoma, the creation of 
counties in Indian Territory (it had no counties), and 
the location of county seats aroused vigorous opposition 




STATE HOUSE. GUTHRIE 




CITY HALL, GUTHRIE, WHERE THE CONSTITUTIONAL CONVENTION MET 

215 



216 HISTORY OF OKLAHOMA 

in the affected localities; while added to this opposition 
was the unabated antagonism of federal office-holders, and 
corporations. The convention was assailed with injunc- 
tions, and its membership charged with being corrupt and 
ignorant, but throughout the entire period until the sign- 
ing of the president's proclamation, the defenders of the 
constitution remained firm and pressed home to the cit- 
izenship of Oklahoma the merits of that document. Upon 
the 17th of September, 1907, the anniversary of the adop- 
tion of the constitution of the United States, the constitu- 
tion was adopted by an overwhelming vote of the people, 
and shortly thereafter was submitted to the president for 
his approval. 1 

First State Officials. — Under the terms of the enabling 
act (Sec. 520), the representatives in congress, together 
with the governor and other state officers, were to be elected 
on the same day of the election upon the constitution. The 
candidates upon the democratic ticket had been selected at a 
primary held during the summer of 1907, and, with the ex- 
ception of the republican candidate for congress in the first 
congressional district, they were all elected at the general 
election on the 17th of September. 

Approval of the President. — -It must be understood that 
under the terms of the enabling act the president had the 
power to approve or disapprove the constitution, and de- 
termined efforts were made by the opponents of state- 
hood to prevent his approval. A committee went to Wash- 
ington to present the views of the convention and the advo- 
cates of statehood, and the president announced later that he 
would approve the constitution and issue his proclamation. 

Signing of President's Proclamation. — Upon Saturday, 
November 16, 190-7, at 9:16 o'clock a. m. (10:16, Washing- 
ton time), the news was telegraphed from Washington that 
President Roosevelt had affixed his signature to the proclama- 
tion granting statehood. Who, among those that favored 
statehood, will ever forget the joy and happiness when the 

!The vote upon the ratification of the constitution was: Yeas, 
180,333; Nays, 73,059. 



THE CONSTITUTIONAL CONVENTK 

message readied Oklahoma? Whistles blew, bells rang, guns 
were fired, and strong men shouted, and shed tears of joy. 
Oklahoma had taken its place in the sisterhood of states, and 
the new constitution was about to be placed on trial. 

Inauguration of Governor Haskell. — It must be under- 
d that as soon as the proclamation was signed, the law 
which had previously been in force in Indian Territory ceased 
to be the law there. In-order that no hiatus might occur 
between the time the old government ceased and the new gov- 
ernment commenced, a special wire was held open from 
Washington to Guthrie, so there would be no delay in the 
transmission of the message. At 9:20 a. m. (10:20, Wash- 
ington time), in his apartments at the Royal Hotel, the oath 
of office was administered to the governor-elect. 

Inaugural Ceremonies. — A great crowd had assembled 
in Guthrie to witness the inauguration, preparations for 
which had been made in advance. An allegorical marriage 
ceremony was performed between Mr. Oklahoma and M 
Indian Territory, and shortly after 12 o'clock noon, Governor 
Haskell again took the oath of office in the presence of the 
vast multitude. 

Haskell's Administration. — The first legislature met the 
2d of December, 1907, and continued in session 
months. Prominent among the laws enacted were th 
relating to a separation of the white and black 
arate coaches and separate schools were provided, and 
intermarriage prohibited. A bank guaranty law (see p. 
and a large number of laws, made necessary by stateh 
were passed. 

The second legislature met in January. 1909. In Janv 
r.H<>, a special session was called for the purpose of p 
ing a law fixing the fees of all county officers. 

Location of State Capital. — The organic act, pass lay 

2, 1890, (which created Oklahoma Territory), located the 
capital of the Territory temporarily at Guthrie. The first 
legislature in 1800 attempted to locate it permanently, but 
was unsuccessful. Subsequently, until statehood, c. 



218 HISTORY OF OKLAHOMA 

prevented any similar attempt, by providing in each bill 
which appropriated money for territorial expenses, that 
the capital should continue at Guthrie. It was provided in 
the law creating statehood (enabling act), that the capital 
should not be changed from Guthrie until after the year 
1913. This provision was considered of doubtful constitu- 
tionality. During the spring of 1910 a bill was initiated, 
submitting to the voters of the state the question of locat- 
ing the state capital, there being three cities voted for, 
namely, Oklahoma City, Guthrie and Shawnee. The elec- 
tion was held the 11th of June, 1910, and Oklahoma City 
was successful. During the night of the 11th, Governor 
Haskell removed the governor's office and the Great Seal 
of the State of Oklahoma City. Thereafter, until the legis- 
lature of 1911 met, some of the state offices were located at 
Guthrie and some at Oklahoma City. The state election, 
locating the capital, was declared void, and a special ses- 
sion was called to meet at Oklahoma City to carry into 
effect the people's expressed will. This session met the 
28th of November, 1910, located the capital permanently 
at Oklahoma City, and adjourned. 

Location of State Institutions. — Many of these were 
located by the legislatures of 1907-8 and 1909, namely, the 
penitentiary, insane asylums, three additional normal 
schools, industrial schools for boys and girls, a preparatory 
school, six district agricultural schools, schools for the 
blind and feeble-minded. 

Prohibition. — An initiated bill was voted on, providing 
for open saloons. This was defeated. 

Two-Cent Rate. — The constitution (Sec. 251) provided 
that passenger fare should be two cents per mile. This 
provision was attacked as in conflict with the federal con- 
stitution, on the ground that the rate was confiscatory, and 
the federal court ordered that the rate should be fixed at 
three cents per mile. 



I III-; CONSTITUTIONAL CONVENTION 219 

Woman SufL. r An attempt was made to amend the 
constitution by .''do "initiated bill, giving women the right 
to vote, but this xy< 3 "unsuccessful. 

Grandfather Clause. — This refers to an amendment of 
the constitution by an initiated bill, adopted in 1Q10, 
known as Section 4a of Article III. The constitutionality 
of this amendment has not finally been settled. The effect 
of the amendment has been to disfranchise a majority of 
negroes, otherwise qualified to vote. 

Cruce's Administration. — The general election held in 
1910 resulted in the election of the democratic state ticket, 
headed by Lee Cruce of Ardmore. The new governor was 
inaugurated January 9, 1911. 

The third legislature met in January, 1911. Among the 
important legislation passed was a law creating a state 
board of education, consisting of the state superintendent 
as chairman, with six other members, appointed by the 
governor. The control of all public education is placed 
in the hands of the board, except as to the Agricultural 
and Mechanical College and district agricultural schools. 

Another important law passed was that abolishing the 
office of township tax assessor, and creating the office of 
county assessor. 

A new law relating to prohibition enforcement was 
passed, providing for a state enforcement officer, appointed 
by the governor. 

Summary Since Statehood. — Since statehood, bank de- 
posits have increased from $48,000,000 to over $100,000,000. 
Factory production has increased from $12,000,000 I 
000,000. The population has grown from 1,420,000 to 
1,659,000, unprecedented in American annals. Over 10,- 
000,000 acres of Indian land has been put on the market by 
the removal of restrictions on the right of alienation. 



APPENDIX 




PRESIDENT'S STATEHOOD PROCLAMATION 

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA 

A PROCLAMATION 

Whereas the Congress of the United States did by an act approved 
on the sixteenth day of June, one thousand nine hundred and six, pro- 
vide that the inhabitants of the Territory of Oklahoma and of the 
Indian Territory might, under and upon the conditions prescribed in 
said act, adopt a constitution and become the State of Oklahoma : 

And Whereas by the said act provision was duly made for the 
election of a Constitutional Convention, to form a constitution and state 
government for the said proposed State ; and whereas it appears from 
the information laid before me that such Convention was duly elected 
and such constitution and state government were thereby duly formed : 

And Whereas by the said act the said Convention was further au- 
thorized and empowered to provide by ordinance for submitting the 
said constitution to the people of the said State for ratification or 
rejection, and likewise for the ratification or rejection of any provisions 
thereof to be by the said Convention separately submitted : 

And Whereas it has been certified to me, as required by the said 
act. by the Governor of the Territory of Oklahoma and by the Judge 
senior in service of the United States Court of Appeals for the Indian 
Territory that a majority of the legal votes cast at an election duly 
provided for bv ordinance, as required bv so id act, have been cast for 
the adoption of said constitution; and whereas a copv of the said con- 
stitution has been certified to me, as required bv said act, together 
with the articles, propositions, and ordinances pertaining thereto, includ- 
ing* a spuarate nronosition for state-wide prohibition which has been 
certified to me as having been adopted by a majority of the electors at 

the r>''r>pt'J/->Ti nfo^ocn irl • 

And Wfpi??>{5 it nonpars from the information laid before me that 
the Convention aforesaid after its organization and before the forma- 
tion of the said constitution duly declared on behalf of the people of the 
said proposed State that they adopted the Constitution of the United 
States. 

And Wtterfas it appears from the said constitution and government 
of the proposed State of Oklahoma are republican in form and that the 
said constitution makPS no distinction in civil or political rights on 
account of race or color, and is not repugnant to the Constitution of the 
United States or to the principles of the Declaration of Indepoudence, and 
that it contains all the six provisions expressly required by Section three 
of the said act to be therein contained : 

And Wtterfas it further appears from the information laid before me* 
that the Convention above mentioned did by ordinance irrevocably accept 
the terms and conditions of tho said act as required by Section 22 thereof, 
and that all the provisions of the said act approved on the sixteenth day 
of June, one thousand nine hundred and six, have been duly complied 
with : 



APPENDIX 

\ow. Therefore, I. Thboex -kvelt, President of the U 

es of America, do, In accordance with the provisions of the said act 
of Co I June sixteenth, one thousand nine hundred and six 

and announce that the result of the said election, wherein tJ 
tution formed as aforesaid was submitted to the people of the 

Oklahoma for ratification or rejection, was that the said' 
ition was ratified together with a provision for si 
tion, separately submitted lection, and tJ 

horn e deemed admitted , n under 

i rue of the said ac 
In testimony whereof, 1 have ; ty hand 

of the United to be am 

Done at tin 
November, In th< 
(Seal) hundred and seven and of t! • i ni- 

ted States of America the on- hund ;ond. 

THEODORi. 

Elihu Root. 

Seci State 



No. 

. MERICA 

mitmext or State 

whom tli.-.- presents shall n^: 

rtify That tin- document I opy from 

>rlginal In the archives of I rtment 

Tu testimony wh< -ate, 

have hereunt the 

al) Department o - ingr- 

ton, this tw< t Noveml nine 

hunded and s< ven. 



LETTER TRANSMITTING ORIGINAL PARCHM ION 

TO THE SECRETARY' OF THE TERRITORY OF OKLAHOMA 

I I. T., 1907. 
Sir: — I have the honor to transmit herewith the i d constitu- 

tion as framed and adopted by the Constitutional Convention for tin 

proposed State of Oklahoma as the same was enrolled and engrossed on 
parchment and signed by the officers and members thereof, together with 
the resolution adopting the Constitution of the United States, the ordin- 
ance accepting the terms and conditions of the Enabling Act, and the 
article on state-wide prohibition separately submitted to a vote of Un- 
people, together with the election ordinance providing for the submission 
of said constitution and said proposition separately submitted, and for 
the election of officers of a full state government, on the 17th day of 
Scomber, 1907. Respectfully and truly. 

w*m. H. Murray, 
President of the Constitutional Convention for the proposed 
State of Oklahomn. 
Chas. H. Filson. 

Secretary of the Territory of Oklahoma. 



22:: APPENDIX 

FIRST PROCLAMATION OP GOVERNOR HASKELL, 

Whereas, the Constitution of the State of Oklahoma provides that the 
first Legislature shall meet at the seat of government upon the procla- 
mation of the Governor at the date named in his proclamation, which 
shall not be more than thirty days nor less than fifteen days after the 
admission of the State into the Union, and 

Whereas, the State of Oklahoma has been admitted into the Union 
on this the sixteenth day of November, A. D. 1907 : 

Now Therefore I, C. N. Haskell, Governor of the State of Oklahoma, 
by virtue of the authority vested by the Constitution of the State of 
Oklahoma, do, by this proclamation, convoke both Houses of the Legis- 
lature of the State of Oklahoma, at the seat of government in the City 
of Guthrie, at twelve o'clock noon on the second day of December, A. 
D., 1907. 

All those entitled to act as members of the first Legislature of the 
State of Oklahoma, are required to take notice of this proclamation and 
attend at the time and place above stated. 

Given under my hand and the Great Seal of the State of Oklahoma 
on this the sixteenth day of November. A. D. 1907. 

C. N. Haskell, Governor. 
By the Governor. 

Bill Cross, Secretary of State. 
By Leo Meyer, Deputy. 

GREETINGS OF FIRST STATE LEGISLATURE TO CONGRESS 

December 2, 1907. 
Oklahoma's first state legislature, just organized, inspired by the fond 
reality of local self-government, sends greetings to the sixtieth congress 
of the greatest nation on earth, and conveys to her sister states a mes- 
sage of progress and loyal devotion to the Union and the common good. 

RESOLUTION ACKNOWLEDGING GREETINGS 

In the House op Representatives, 

December 5 1907. 
Resolved, that the House of Representatives acknowledges the wel- 
come greetings from the State of Oklahoma, and requests the Speaker 
to tender congratulations and good wishes for her future progress and 
greatness. 

Attest: J. G. Cannon, 

Speaker of the House of Representatives. 
Attest: A. McDowell, 

Clerk of the House of Representatives. 

SAMPLE INITIATIVE PETITION 

State Question — Initiative Petition No. 1 
"Warning" 

" It is a felony for any one to sign an initiative or referendum peti- 
tion with any name other than his own, or knowingly to sign his name 
more than once for the measure, or to sign such petitions when he is 
not a legal voter." 
To the Honorable C. N. Haskell, Governor of Oklahoma : 

We, the undersigned citizens and legal voters of the State of Okla- 
homa, and the county of or city of. . . . . . . tLlAl'* 

respectfully order that the following proposed law shall be submitted 
to the legal voters of the State of Oklahoma for their approval or rejec- 
tion at the regular general election to be held on Tuesday, the third day 
of November, A. D., 1908, and each for himself says: I have personally 



APPENDIX 

petition; I am a legal voter of the State of Oklahoma, and 

of the county of city of my residence and 

post office are correctly written after my name. The time for filing 
this petition expires nine months from the sixth day of Jur The 

ion we herewith submit to our fellow voters is: Shall the follow- 
ing Bill be adopted : 

A BILL. To propose by Initiative Petition "A law providing for 
the sale of school and other public lands of Oklahoma, subject to cer- 
tain exceptions and conditions, and providing rules therefor, and pen- 
alties for violation thereof." 

[Here follows complete text of proposed bill.] 

NAME RESIDENCE OR P. O. ST. AND NO. 

[Here follow twenty blank lines for signatures.] 

State of Oklahoma, County of ss : 

I 

being first duly sworn, say: [Here shall be legibly written or type- 
written the names of the signers of the petition] : signed this sheet of 
the foregoing petition and each of them signed his name in my presence ; 
I believe that each has stated his name, postoffice address and residence 
correctly, and that each signer is a legal voter of the State of Okla- 
homa, and county of or of the city of fas the 

case may be). 



(Signature and postoffice address of affiant.) 

Subscribed and sworn to before me this dav of 

A. D., 19. 



(Signature and title of the officer before whom 
the oath is made, and his postoffice add: 

SALARIES OF UNITED STATES OFFICIALS. 

President. — $75,000; Vice-President, $12.- 

Members of the Cabinet. — Secretary of si retary of the treasury, 

secretary of war. attorney-general, postmaster-genera^ secretary of 

the navy, secretary of the interior. s»cr»-tary of agriculture, B 

tary of commerce and labor, each, $12,€ 
Judiciary. — Chief justice of the supreme court of the United States. 

$13,0(hi ; associate justices. $12,500; judges of the circuit court of 

the United States. $7,000. Chief Justice of tin s court of 

claims, $6,500; judges of the United States court of claims, $6,000; 

judges of the United States district courts, $6,000. 
iker of the House. — $12,000. 
United States Senators. — Robert L. Owen, Thomas P. Gore. $7,500 per 

year. 
Representatives in Congress. — First district. Bird S. McGuire : second 

district, Dick T. Morgan; third district. J iport; fourth 

district. Charles D. Carter; fifth district, Scott Ferris; salary, $7. 

per year. 
T'nited States District Judprs. — Eastern district. Ralph E. Campbell. 

Muskosree ; western district. John H. Cotteral. Guthrie ; salary. $6,000 

per year. 

STATE OFFICIALS AND SALARIES 

Governor. — Lee Cruce, Ardmore : $4,500 per year. 

Lieutenant-Governor. — J. J. McAlester, McAlester : $1,000 per year. 

Secretary of State. — Benj. F. Harrison. Calvin; $2,500 per year. 

State Auditor. — Leo Meyer. Sayre ; $2,500 per year. 

Attorney-General. — Charles West, Enid; $4,000 per year. 

State Treasurer. — Robert Dunlop. Xewkirk ; $3,000 per year. 

State Superintendent of Public Instruction. — R.. H. Wilson. Chickasha ; 

$2,500 per year. 
State Examiner and Inspector. — Chas. A. Taylor, Pond Creek; $3,000 per 

year. 



224 APPENDIX 

Chief Mine Inspector. — Ed Boyle, Chant; $3,000 per year 

Assistants: John O'Brien, Lehigh; Martin Clark, McAlester ; Frank 
Haley, Henryetta. 

Commissioner of Labor. — Chas. L. Daugherty, Oklahoma City S 9 000 
per year. ' v ' 

Commissioner of Charities and Corrections. — Kate Barnard Oklahoma 
City; $2,500 per year. 
missioner of Insurance. — P. A. Ballard, Coyle ; $2,500 per year. 

Corporation Commission. — J. E. Love, Woodward; Geo. A HenWn™ 
Madill; A. P. Watson, Shawnee; $4,000 per year. ' r * Wbnaw » 

Supreme Court. — John B. Turner, Vinita ; Jesse J. Dunn, Alva* Samuel 
W. Hayes, Chickasha; Matthew J. Kane, Kingfisher; Robert L Wil- 
liams, Durant; $4,000 per year. 

Clerk of the Supreme Court. — W. H. L. Campbell, Ada; fees. 

Criminal Court of Appeals. — Henry M. Furman, Ada; James R. Ann- 
strong, Boswell ; Thos. H. Doyle, Perry; $4,000 per year. 

Supreme Court Commission. — C. B. Ames, Oklahoma City; P. D. Brewer. 
McAlester; John B. Harrison, Sayre ; J. B. A. Robertson, Chandler; 
Malcolm E. Rosser, Poteau ; J. F. Sharp, Chickasha; $3,600 per year. 

State Printer. — Giles W. Farris, Mangum ; $2,500 per year. 

District Judges.- — $3,000 per year. 

State Senators and Representatives. — $6 per diem for first sixtv days, 
and $2 per diem thereafter. 

STATE BOARDS 

State Board of Public Affairs. — Three members. 

State Banking Board. — Governor and two other members. 

State Election Board. — Three members. 

State Board of Education. — State superintendent of public instruction, 
chairman, and six other members. 

State Board of Medical Examiners. — Nine members and two alternates. 

State Board of Embalmers. — Three members. 

State Board of Optometry Examiners. — Three members. 

Board of Control of Confederate Home. — Seven members. 

School Land Commission. — Governor, secretary of state, state superin- 
tendent of public instruction, auditor, president of board of agri- 
culture. 

State Board of Equalization. — Governor, auditor, treasurer, attorney-gen- 
eral, state examiner and inspector, president of board of agriculture. 

Oklahoma Bar Commission. — Eleven members. 

Board of Prison Control. — Governor, attorney-general, president of board 
of agriculture. 

Board of Arbitration and Conciliation. — Six members. 

Board of Agriculture and Regents of Agricultural and Mechanical Col- 
leges. — Ten members. 

State Mining Board. — Five members. 

Commissioners on Uniform Laws. — Three members. 

OTHER APPOINTIVE OFFICERS 

Marshal of Supreme Court. 

State Librarian. 

Bank Commissioner. 

Warden of Penitentiary. 

Secretary of State Board of Health. 

Secretary to School Land Commission. 

Secretary of State Board of Agriculture. 

State Reporter. 

Grain Inspector. 

Superintendent of Live Stock Inspection. 

A djutant General. 



APPENDIX 

-. a i •- Wa\ 

Facto i tor. 

Etdploy, au. 

. Farm J >• 
dor "/ < " ■ U gu a ' 
I 

•nor. 
<h nt of 8tatt Agi 
tarn. State Eh 
StaU I ealth. — Is in charge of om 

. who shall be appointed for four years. H« 
shall have supervisioii of all matters relatii \ lie health, and 

shall take an oath. He shall have 

Salary 
! traveling ex] >int a 

Ith In every county, who shall be 
practicing pi sician in good standing, resident of the county. The 
latti > of two years. In each township the 

boar< 11 be the township board of Dealt! til be 

mid- pervision perintendent of public health for the 

county. In towns an-; 
din cl 

boar.' ird a 

supei public health, who shall gralar practicing 

physi< - •■' . [red to make i 

intend to intendenl in cil h s. On 

ed by the sin riff or his d 
any a ■■ -1 by t» • 

in t< . County superintendent shall receive no eed $5 

per - actually e >le bj 

the < perintend* such corn- 

mayor and council. 

APPLICATION TO THE STATE Or OKLAHOMA FOR A LOAN UPON 
I All 'ROVED 1 LNDS OUT OF THE PERMANENT CO: 

IIOOL AND OTHER EDUCATIONAL FUNDS 

To L. D cretary to th< Commiss ] Office of 

Lte of Oklahoma. 
Sir:- — T herewith submit mj 
nent common school or onal fund Oklahoma. 

and in :\< • with your requin ments J fol- 

lowing questions: — 

1. Nairn (Giv< full I 



ifari i< d or sing] 

4. If married, of whom does your famil 

5. Wife's nam.' in full 

u. Do you reside with your family? .... 

7. Residence? 

8. Postofflce address? 

9. What is amount of loan desired, for a p riod I at a rate 
of five per centum per annum, interest payable semi-annually, at such 
places as the Commissioners of the Land Office may designate? 

10. State purpose for which money is wanted and for what to be 
used? . . 

11. Give a full correct and complete description of the farm land and 

property offered as security for the loan? 

Section Township Range of I. M 

County. State of Oklahoma. 

12. State exact number of acres by government survey? 

13. State character and quality of soil? 

(State whether loam or clay and if any sand, hardpan, .gravel, salt 

grass or grass, level, undulating, rolling or broken land.) 



226 APPENDIX 

14. State character and quality of subsoil? 

15. Buildings situated thereon? (Give full description and value.) 

Dwellings . Value $ 

Barns Value $ 

Granaries Value $ 

Other buildings Value $ 

Fences Value $ 

Total value of buildings and fences $ 

Value of land exclusive of buildings and fences $ 

16 Acres in cultivation. 

17 Acres in waste land. 

18 Acres in timber. 

19 Acres in grass land.' 

20 Acres fenced. 

21 Acres of orchard. 

22 Acres of upland. 

23. Acres of bottom land. 

2 4. Are buildings insured if so, what amount? 

25. How much live stock do you own? Horses Mules 

Cattle ...... Hogs Sheep 

26. Name and distance to nearest town? .Population 

27. Name and distance to nearest railroad station? 

28. How long has cultivated land been in use? 

29. State kind and quality of crops grown on land for year 19 

Acres of cotton , bales ; acres corn bushels ; 

acres of oats , bushels ; acres of wheat , bushels 

; acres of Kaffir , bushels ; acres of hay , 

tons 

30. Is the neighborhood well settled? 

What class of people ? . . . 

31. Is the land well watered, and how? 

32. What is the character of land not cultivated? 

33. What kind of fencing? 

34. How much other land do you own?. . Value? $ 

35. What incumbrance, if any, on this land proposed as security?. . . . 

36. By whom held? 

37. Will same be released? 

38. Are there any pending suits or judgments unsatisfied against you? 

39. What improvements, if any, have been erected or placed on this 
land during the 6 months prior to the date of this application? 

40. If any improvements as set out in Question No. 39, are same fully 
paid for? 

41. In whom is the title to this land vested? 

42. When is money needed? 

43. How long have you resided on this land? . 

44. By whom are the premises occupied on the date of application, 
and if by others than applicant, state under what terms and conditions, 
and character of contract, the occupant claims, or is entitled to possession 

of land? 

State of Oklahoma, County of ss : 

being first duly sworn, according to law, on 

his oath deposes and says : 

That I am the within named applicant, and that all of the statements 
and answers herein made by me are true and correct and are made for 
the purpose of obtaining a loan upon the land above described. 

That I am the owner in fee simple to said land, and my title thereto 
is not questioned nor do I know of anything that may give rise to any 
adverse claims to my title to said property. 

That there are no unrecorded deeds, mortgages or liens of any kind or 
nature, except as shown by abstract of the title submitted. 

In Witness Whereof, I have hereunto affixed my signature this 

day of 19 

Applicant. 

Subscribed and sworn to before me this day of 19. . . 

Notary Public. 

My commission expires 



APPENDIX 

REPORT OF APPRAISERS SELECTED BY APPLICANT. 

State of Oklahoma, County of B8. 

We, the undersigned, residents of said county and state, and in which 
farm property proposed as security by said applicant is situated, do on 
our oaths, each for himself, state : 

That we are well and personally acquainted with within named appli- 
cant, and have been for more than years last past, and that we un- 
acquainted with the farm land herein described and proposed as security 
by said applicant, and that we arc well acquainted with the value of 
improved farm lands in the vicinity of the land herein mentioned. 

That our business or occupation, and postoffice address are as follows : 



(Name) (Business or occupation) (P. O. Address) 



(Name) (Business or occupation) (P. O. Address) 
That the land described in this application and proposed as security 
by said applicant, is improved farm land, and that said land without im- 
provements is reasonably and fairly worth dollars and th«- 

improvements thereon are reasonably and fairly worth dollars. 



Appraisers. 

Subscribed and sworn to before me by said appraisers this day 

of 19.., 

Notary Public. 
My commission expires 



APPENDIX 

THE DECLARATION OF INDEPENDENCE 

In Congress, July 4, 1776 

The unanimous Declaration of the thirteen united States of America, 

TVTien in the Course of human events it becomes necessary for one 
people to dissolve the political bands which have connected them with 
another, and to assume among the Powers of the earth, the separate and 
equal station to which the Laws of Nature and of Nature's God entitle 
them, a decent respect to the opinions of mankind requires that they 
should declare the causes which impel them to the separation. 

"We hold these truths to be self-evident, that all men are created 
equal, that they are endowed by their Creator with certain inalienable 
Rights, that among these are Life, Liberty and the pursuit of Happiness. 
That to secure these rights Governments are instituted among men, 
deriving their just powers from the consent of the governed, That when- 
ever any Form of Government becomes destructive of these ends, it is 
the Right of the People to alter or to abolish it, and to institute new 
Government, laying its foundation upon such principles and organizing 
its powers in such form, as to them shall seem most likely to effect their 
Safety and Happiness. Prudence, indeed, will dictate that Governments 
long established should not be changed for light and transient causes ; 
and accordingly all experience hath shown, that mankind are more dis- 
posed to suffer, while evils are sufferable, than to right themselves by 
abolishing the forms to which they are accustomed. But when a long 
train of abuses and usurpations, pursuing invariably the same Object, 
evinces a design to reduce them under absolute Despotism, it is their 
right, it is their duty, to throw off such Government, and to provide new 
Guards for their future security. — Such haz been the patient sufferance 
of these Colonies ; and such is now the necessity which constrains them 
to alter their former Systems of Government. The history of the present 
King of Great Britain is a history of repeated injuries and usurpations, 
all having in direct object the establishment of an absolute Tyranny 
over these States. To prove this, let Facts b^ submitted to a candid 
world. 

He has refused his Assent to Laws the most wholesome and neces- 
sary for the public good. 

He has forbidden his Governors to pass Laws of immediate and 
pressing importance, unless suspended in their operation till his Assent 
should be obtained ; and when so suspended, he has utterly neglected to 
attend to them. 

He has refused to pass other Laws for the accommodation of large 
districts of people, unless those people would relinquish the right of 
Representation in the Legislature a right inestimable to them, and for- 
midable to tyrants only. 

He has called together legislative bodies at places unusual, uncom- 
fortable and distant from the depository of their Public Records, for 
the sole purpose of fatiguing them into compliance with his measures. 

He has dissolved Representative Houses repeatedly for opposing with 
manly firmness his invasions on the rights of the people. 

He has refused for a long time, after such dissolutions, to cause 
others to be elected ; whereby the Legislative Powers, incapable of Anni- 
hilation, have returned to the People at large for their exercise; the 
State remaining in the mean time exposed to all the dangers of invasion 
from without, and convulsions within. 

He has endeavoured to prevent the population of these States; for 
that purpose obstructing the Laws for Naturalization of Foreigners; 
refusing to pass others to encourage their migration hither, and raising 
the conditions of new Appropriations of Lands. 

He has obstructed the Administration of Justice, by refusing his 
Assent to Laws for establishing Judiciary Powers. 



APPENDIX 

He has made Judges dependent on his Will alone, for the t« nure of 
their offices, and the amount and payment of their salarl 

He has erected a multitude of New Offices, and sent hither swarms 
of Officers, to harass our People, rm<l eat out their substa 

He has kept among us, in times of peace, Standing Armies without 
the Consent of our legislature. 

He has affected to render the Military independent of and superior 
to the Civil Power. 

He has combined with others to subject us to a jurisdiction foreign 
to our constitution, and unacknowhdg* d by our laws ; giving his Assent 
tc their acts of pretended Legislation : 

For quartering large bodies of armed troops among us: 

For protecting them, by a mock Trial, from Punishment for any 
Murders which they should commit on the Inhabitants of these States: 

For cutting off our Trade with all parts of the world : 

For imposing taxes on us without our Consent: 

For depriving us in many cases, of the benefits of Trial by Jury: 

For transporting us beyond Seas to be tried for pretend* d offences: 

For abolishing the free System of English Laws in a neighbouring 
Province, establishing therein an Arbitrary government, and enlarging 
its Boundaries so as to render it at once an example and lit instrument 
for introducing the same- absolute rule into these Coloni' 

For taking away our Charters, abolishing our most valuable Laws, 
and altering fundamentally the Forms of our Government: 

For suspending our own Legislature and declaring themselves in- 
vested with Power to legislate for us in nil r-.isrs whatso 

He has abdicated Government bore by declaring us out of his Pro- 
tection and waging War against us. 

He has plund< n d our seas, ravaged our Coasts, burned our towns, 
and destroyed tie- lives of our people. 

ITe is at this time transporting largo armi» s of foreign mercenaries 
to compleat the works of death, desolation and tyranny, air. ady begun 
with circumstances of Cruelty & perfidy scire' ly paralleled in the most 
barbarous ages, and totally unworthy the Head of a civilised nation. 

He has constrained our fellow Citizens taken Captive on the high 
S.;is to bear Arms against their Country to become cutioners 

of their frie7ids and Brethren, or to fall them ir Hands. 

ITe has incited domestic insurrections amongst us, and has endeav- 
oured to bring on the inhabitants of our frontiers, the m< rciless Indian 
. whose known rule of warfare, is an undistinguished destruction 
of all ages, sexes and conditions. 

In every stage of these Oppressions YV Petitioned for Redress 

in the most humble terms: Our rep titions h answered 

only by repeated injury. A Prince, whose character is thus marked by 

y act which may define a Tyrant is unfit to be the ruler of a free 

People. 

Nor have We been wanting in attention to our British brethren. 
We have warned them from time to time of attempts by their legis- 
lature to extend an unwarrantable jurisdiction over us. We have re- 
minded them of the circumstances of our emigration and settlement 
here. We have appealed to their native justice and magnanimity, and 
we have conjured them by - of our common kindred to disavow 

these usurpations, which, would inevitably interrupt our connections 
and correspondence. They too have been deaf to the voice of justice 
and of consanguinity We must, therefore, acquiesce in the necessity, 
which denounces our Separation, and hold them, as we hold the rest 
of mankind* Enemies in War, in Peace Friends. 

We, therefore, the Representatives of the united States of America, 
in General Congress. Assembled, app i the Supreme Judge of the 

world for the rectitude of our intentions, do. in the Name, and by 
Authority of >f these Col" mnly publish and 

declare, That these United Colonies are, and of Right ought to be 
and Independent States; that they are Absolved from all Allegiance 
to the British Crown, and that all political connection between them 
and the State of Great Britain, is and ought to be totally dissolved; and 
that as ■; Indepei y have full Power to levy 



230 APPENDIX 

War, conclude Peace, contract Alliances, establish Commerce, and to do 
all other Acts and Things which Independent States may of right do. 
And for the support of this Declaration, with a firm reliance on the 
Protection of Divine Providence, we mutually pledge to each other our 
Lives, our Fortunes and our sacred Honor. 

John Hancock. 

New Hampshire — Josiah Bartlett, William Whipple, Matthew Thorn- 
ton. Massachusetts Bay — Saml. Adams, John Adams, Robt. Treat 
Paine, Elbridge Gerry. Rhode Island — Step. Hopkins, William Ellery. 
Connecticut — Roger Sherman, Sam'el Huntington, Wm. Williams, Oliver 
Wolcott. New York — Wm. Floyd, Phil. Livingston, Frans. Lewis, Lewis 
Morris. New Jersey — Rich'd Stockton, Jno. Witherspoon, Fras. Hopkinson, 
John Hart, Abra. Clark. Pennsylvania — Robt. Morris, Benjamin Rush- 
Benja. Franklin, John Morton, Geo. Clymer, Jas. Smith, Geo. Taylor, James 
Wilson, Geo. Ross. Delaware — Caesar Rodney, Geo. Read, Tho. M'Kean* 
Maryland — Samuel Chase, Wm. Paca, Thos. Stone, Charles Carroll of 
Carrollton. Virginia — George Wythe, Richard Henry Lee, Th. Jefferson, 
Benja. Harrison, Thos. Nelson, Jr., Francis Lightfoot Loe, Carter Brax- 
ton. North Carolina — Wm. Hooper, Joseph Hewes, John Penn. South 
Carolina — Edward Rutledge, Thos. Heyward, Junr., Thomas Lynch, 
Junr., Arthur Middleton. Georgia — Button Gwinnett, Lyman Hall, Geo. 
Walton. 



ARTICLES OF CONFEDERATION 

To all to whom these presents shall come, we the undersigned Delegates 
of the States affixed to our names, send greeting. 

Whereas the Delegates of the United States of America in Con- 
gress assembled did on the fifteenth day of November in the Year of our 
Lord, One Thousand Seven Hundred and Seventy-seven, and in the 
Second Year of the Independence of America agree to certain articles 
of confederation and perpetual Union between the States of New Hamp- 
shire, Massachussetts Bay, Rhode Island and Providence Plantations, 
Connecticut, New York, New Jersey, Pennsylvania, Delaware, Mary- 
land, Virginia, North Carolina, South Carolina and Georgia, in the 
Words following, viz. : 

"Articles of Confederation and perpetual Union between the States of 
New Hampshire, Massachussetts-bay, Rhode Island and Providence 
Plantations, Connecticut, New York, New Jersey, Pennsylvania, Dela- 
ware, Maryland, Virginia, North Carolina, South Carolina and 
Georgia/ 3 

Article I. — The style of this Confederacy shall be, "The United 
States of America." 

Article II. — Each State retains its sovereignty, freedom and inde- 
pendence, and every power, jurisdiction and right, which is not by this 
confederation expressly delegated to the United States, in Congress 
assembled. 

Article III. — The said States hereby severally enter into a firm 
league of friendship with each other, for their common defence, the 
security of their liberties, and their mutual and general welfare, bind- 
ing themselves to assist each other, against all force offered to, or at- 
tacks made upon them, or any of them, on account of religion, sover- 
eignty, trade, or any other pretence whatever. 

Article IV. — The better to secure and perpetuate mutual frienu^hip 
and intercourse among the people of the different States in this Union, 
the free inhabitants of each of these States, paupers, vagabonds and 
fugitives from justice excepted, shall be entitled to all privileges and 
Immunities of free citizens in the several States; and the people of eacb 



APPENDIX 23! 

State shall have free ingress and regress to and from any other State, 
and shall enjoy therein all the privileges of trade and commerce, subject 
to the same duties, impositions and restrictions as the inhabitants 
thereof respectively, provided that such restrictions shall not extend 
so far as to prevent the removal of property imported into any State, 
to any other State of which the owner is an inhabitant ; provided also 
that no imposition, duties or restriction shall be laid by any State, 
on the property of the United States, or either of them. 

If any person guilty of, or charged with treason, felony, or other 
high misdemeanor in any State, shall flee from justice, and be found in 
any of the United States, he shall upon demand of the Governor or Ex- 
ecutive power of the State from which he fled, be delivered up and re- 
moved to the State having jurisdiction of his offense. 

Full faith and credit shall be given in each of these States to the 
records, acts, and judicial proceedings of the courts and magistrates 
of every other State. 

Article V. — For the more convenient management of the general 
interests of the United States, delegates shall be annually appointed 
in such manner as the Legislature of each State shall direct, to meet 
in Congress on the first Monday in November, in every year, with a 
power reserved to each State, to recall its delegates, or any of them, 
at any time within the year, and to send others in their stead, for the 
remainder of the year. 

No State shall be represented in Congress by less than two. nor by 
more than seven members ; and no person shall be capable of being a 
delegate for more than three years in any term of six years ; nor shall 
any person being a delegate be capable of holding any office under the 
United States, for which he, or another for his benefit receives any 
salary, fees or emolument of any kind. 

Each State shall maintain its own delegates in a meeting of the 
States, and while they act as members of the committee of the States. 

In determining questions in the United States, in Congress assembled, 
each State shall have one vote. 

Freedom of speech and debate in Congress shall not be impeached 
or questioned in any court, or place out of Congress, and the members 
of Congress shall be protected in their persons from arrests and im- 
prisonments, during the time of their going to and from, and attendance 
on Congress, except for treason, felony or r reach of the peace. 

Article VI. — No State without the consent of the United States in 
Congress assembled, shall send any embassy to, or receive any embassy 
from, or enter into any conference, agreement, alliance or treaty with 
any king, prince or State; nor shall any person holding any uffice 
of profit or trust under the United S* ites, or any of them, accept of 
any present, emolument, office or title of any kind whatever from any 
king, prince or foreign State ; nor shall the United States in Congress 
assembled, or any of them, grant any title of nobility. 

No two or more States shall enter into any treaty, confederation 
or alliance whatever between them, without the consent of the United 
States in Congress assembled, specifying accurately the purposes for 
Which the same is to be entered into, and how long it shall continue. 

No State shall lay any imposts or duties, which may interfere 
with any stipulations in treaties, entered into by the United States 
In Congress assembled, with any king, prince or State, in pursuance of 
any treaties already proposed by Congress, to the courts of France 
and Spain. 

No vessels of war shall be kept up in time of peace by any State, 
except such number only, as shall be deemed necessary by the United 
States in Congress assembled, for the defense of such State, or its 
trade ; nor shall anv body of forces be kept up bv any State, in time 
of peace, except such number only, as in the judgment of the United 
States, in Congress assembled shall be deemed requisite to garrison 
the forts necessary for the defence of sr»ch State ; but every State 
shall always keep up a well-regulated and disciplined militia, sufficiently 
armed and accoutred, and shall provide and constantly have ready for 
use, In public stores, a due number of field pieces and tents, and a proper 
Cruantlty of arms, ammunition and camp equipage. 



232 APPENDIX 

No State shall engage in any war without the consent of the United 
States in Congress assembled, unless such State be actually invaded by 
enemies, or shall have received certain advice of a resolution being 
formed by some nation of Indians to invade such State, and the danger 
is so imminent as not to admit of a delay, til the United States in 
Congress assembled can be consulted ; nor shall any State grant com- 
missions to any ships or vessels of war, nor letters of marque or re- 
prisal, except it be after a declaration of war by the United States 
in Congress assembled, and then only against the kingdom or State 
and the subjects thereof, against which war has been so declared, and 
under such regulations as shall be established by the United States 
in Congress assembled, unless such State be infested by pirates, in which 
case vessels of war may be fitted out for that occasion, and kept so 
long as the danger shall continue, or until the United States in Con- 
gress assembled shall determine otherwise. 

Article VII. — When land forces are raised by any State for the 
common defence, all officers of or under the rank of colonel shall be 
appointed by the Legislature of each State respectively by whom 
such forces shall be raised, or in such manner as such State shall 
direct, and all vacancies shall be filled up by the State which first 
made the appointment. 

Article VIII. — All charges of war, and all other expenses that shall 
be incurred for the common defence or general welfare, and allowed by 
the United States in Congress assembled, shall be defrayed out of a 
common treasury, which shall be suplied by the several States, in pro- 
portion to the value of all land within each State, granted to or sur- 
ve^d for any person, as such land and the buildings and improvements 
thereon shall be estimated according to such mode as the United States 
In Congress assembled, shall from time to time direct and appoint. 

The taxes for paying that proportion shall be laid and levied by the 
authority and direction of the Legislatures of the several States within 
the time agreed upon by the United States in Congress assembled. 

Article IX. — The United States in Congress assembled, shall have the 
sole and exclusive right and power of determining on peace and war, 
except in the cases mentioned in the sixth article — of sending and re- 
ceiving ambassadors — entering into treaties and alliances, provided 
that no treaty of commerce shall be made whereby the Legislative 
power of the respective States shall be restrained from imposing 
such imposts and duties on foreignors, as their own people are sub- 
jected to, or from prohibiting the exportation or importation of any 
species of goods or commodities whatsoever — of establishing rules for 
deciding in all cases, what captures on land or water shall be legal, 
and in what maner prizes taken by land or naval forces in the service 
of the United States shall be divided or appropriated — of granting 
letters of marque and reprisal in times of peace — appointing courts 
for the trial of piracies and felonies committed on the high seas and 
establishing courts for receiving and determining final appeals in all 
cases of captures, provided that no member of Congress shall be ap- 
pointed a judge of any of the said courts. 

The United States in Congress assembled shall also be the last 
resort on appeal in all disputes and differences now subsisting or that 
hereafter may arise between two or more States concerning boundary, 
jurisdiction or any other cause whatever ; which authority shall always 
be exercised in the manner following: Whenever the legislative or 
executive authority or lawful agent of any State in controversy with 
another shall present a petition to Congress, stating the matter in 
question and praying for a hearing, notice thereof shall be given by 
order of Congress to the. legislative or executive authority of the other 
State in controversy, and the day assigned for the appearance of the 
parties by the lawful agents, who shall then be directed to appoint by 
joint consent, commissioners or judges to constitute a court for hearing 
and determining the matter in question : but if they cannot agree, 
Congress shall name three persons out of each of the United 
States, and from the list of such persons each party shall alternately 
strike out one, the petitioners beginning, until the number shall be re- 
duced to thirteen; and from that number not less than seven, nor 
more than nine names as Congress shall direct, shall in the presence 



APPENDIX 

of Congress be drawn out by lot, and the persons whose names shall 
be so drawn or any five of them, shall be commissioners or judges, to hear 
and finally determine the controversy, so always as a major part 
of the judges, who shall hear the cause shall agree in the determination : 
and if either party shall neglect to attend at the day appointed, without 
showing reasons, which Congress shall judge sufficient, or being present 
shall refuse to strike, the Congress shall proceed to nominate three 
persons out of each State, and the Secretary of Congress shall strike 
in behalf of such party absent or refusing; and the judgment and sen- 
tence of the court to be appointed, in the manner before prescribed, 
shall be final and conclusive ; and if any of the parties shall refuse 
to submit to the authority of such court, or to appear or defend their 
claim or cause, the court shall nevertheless proceed to pronounce sen- 
tence or judgment which shall in like manner be final and decisive, the 
judgment or sentence and other proceedings being in either case trans- 
mitted to Congress, and lodged among the acts of Congress for the secur- 
ity of the parties concerned : provided that every commissioner, before he 
sits in judgment, shall take an oath to be administered by one of the judges 
of the supreme or superior court of the State where the cause shall be 
tried, "well and truly to hear and determine the matter in question, 
according to the best of his judgment, without favor, affection or hope 
of reward:" provided also that no State shall be deprived of territory 
for the benefit of the United States. 

All controversies concerning the private right of soil claimed under 
different grants of two or more States, whose jurisdiction as they 
may respect such lands, and the States which passed such grants are 
adjusted, the said grants or eith< r of them being at the same time 
claimed to have originated antecedent to such settlement of jurisdiction, 
shall on the petition of either party to the Congress of the United 
States, be finally determined as near as may be In the same manner as 
Is before prescribed for deciding disputes respecting tentorial jurisdic- 
tion between different States. 

The United States in Congress assembled shall also have the sole 
and exclusive right and power of regulating the alloy and value of 
coin struck by their own authority, or by that of the respective States, 
— fixing the standard of weights and measures throughout the United 
States — regulating the trade and managing all affairs with the Indians, 
not members of any of the States, provided that the legislative right 
of any State within its own limits be not infringed or violated — estab- 
lishing and regulating post-offices from one Sta.e to another, through- 
out all the United States, and exacting such postage on the pa] 
passing through the same as may be requisite to defray the exp< 
of the said office — appointing all officers of the land forces, in the 
service of the United States, excepting regimental officers — appointing 
all the officers of the naval forces and commissioning all officers what- 
ever in the service of the United States — making rules for the govern- 
ment and regulation of the said land and naval forces, and directing 
their operations. 

The United States in Congress assembled shall have authority to 
appoint a committee, to sit in the recess of Congress, to be denominated 
"a Committee of the States," and to consist of one delegate from each 
State ; and to appoint such other committees and civil officers as may be 
necessary for managing the general affairs of the United States under 
their direction — to appoint one of their number to preside, provided that 
no person be allowed to serve in the office of president more than one 
year in any term of three years ; to ascertain the necessary sums of 
money to be raised for the service of the United States and to appro- 
priate and apply the same for defraying the public expenses — to bor- 
row money or emit bills on the credit of the United States transmitting 
every half year to the respective States an account of the sums of 
money so borrowed or emitted — to build and equip a navy — to agree upon 
the number of land forces, and to make requisitions from each State 
for its auota, in proportion to the number of white inhabitants in such 
State ; which requisition shall be binding, and thereupon the Legislature 
of each State shall appoint the regimental officers, rais^ th^ men and 
cloath, arm and equip them in a soldier-like manner at the expense 



234 APPENDIX 

of the United States; and the officers and men so cloathed, armed and 
equipped shall march to the place appointed, and within the time 
agreed on by the United States in Congress assembled ; but if the United 
States in Congress assembled shall, on consideration of circumstances 
judge proper that any State should not raise men, or should raise a 
smaller number than its quota, and that any other State should raise 
a greater number of men than the quota thereof, such extra number 
shall be raised, officered, cloathed, armed, and equipped in the same 
manner as the quota of such State, unless the legislature of such 
State shall judge that such extra number cannot be safely spared out 
of the same, in which case they shall raise, officer, cloathe, arm and 
equip as many of such extra number as they judge can be safely spared. 
And the officers and men so cloathed, armed and equipped, shall march 
to the place appointed, and within the time agreed on by the United 
States in Congress assembled. 

The United States in Congress assembled shall never engage in a 
war, nor grant lettters of marque and reprisal in times of peace, nor 
enter into any treaties or alliances, nor coin money, nor regulate the 
value thereof, nor ascertain the sums and expenses necessary for the 
defence and welfare of the United States or any of them, nor emit 
bills, nor borrow money on the credit of the United States, nor appro- 
priate money, nor agree upon the number of vessels of war, to be built 
or purchased, or the number of land or sea forces to be raised, nor ap- 
point a commander-in-chief of the army or navy, unless nine States 
assent to the same ; nor shall a question on any other point, except 
for adjourning from day to day be determined, unless by the votes 
of a majority of the United States in Congress assembled. 

The Congress of the United States shall have power to adjourn to 
any time within the year, and to any place within the United States, 
so that no period of adjournment be for a longer duration than the 
space of six months, and shall publish the journal of their proceedings 
monthly, except such parts thereof relating to treaties, alliances or mil- 
itary operations, as in their judgment require secrecy ; and the yeas 
and nays of the delegates of each State on any question shall be entered 
on the journal, when it is desired by any delegate; and the delegates 
of a State, or any of them, at his or their request shall be furnished 
with a transcript of the said Journal, except such parts as are above 
excepted, to lay before the Legislatures of the several States. 

Article X. — The committee of the States, or any nine of them, shall 
be authorized to execute, in the recess of Congress, such of the powers 
of Congress as the United States in Congress assembled, by the consent 
of nine States, shall from time to time think expedient to vest them with; 
provided that no power be delegated to the said committee for the ex- 
ercise of which by the articles of confederation, the voice of nine 
States in the Congress of the United States assembled is requisite. 

Article XI. — Canada acceeding to this confederation, and joining 
in the measures of the United States, shall be admitted into, and en- 
titled to all the advantages of this Union ; but no other colony shall be 
admitted into the same, unless such admission be agreed to by nine 
States. 

Article XII. — All bills of credit emitted, monies borrowed and debts 
contracted by, or under the authority of Congress, before the assembling 
of the United States, in pursuance of the present confederation, shall be 
deemed and considered as a charge against the United States, for pay- 
ment and satisfaction whereof the said United States, and the publie 
faith are hereby solemnly pledged. 

Article XIII. — Every State shall abide by the determinations of the 
United States in Confess assembled, and on all questions which by this 
confederation are submitted to them. And the articles of this confeder- 
ation shall be inviolally observed by every State, and the Union shall 
be perpetual ; nor shall any alteration at any time hereafter be made 
in any of them ; unless such alteration be agreed to in a Congress of 
the United States, and be afterwards confirmed by the Legislatures 
of every State. 

And whereas it has pleased the Great Governor of the world to 
i/ieline the hearts of the Legislatures we respectfully represent in Con- 



APPENDIX 235 

gress, to approve of, and to authorize us to ratify the said articles of 
confederation and perpetual union. Know ye that we, the undersigned 
delegates, by virtue of the power and authority to us given for that pur- 
pose, do by these presents, in the name and in behalf of our respective 
constituents, fully and entirely ratify and confirm each and every of the 
said articles of confederation and perpetual union, and all and singular 
the matters and things therein contained : and we do further solemnly 
plight and engage the faith of our respective constituents, that they 
shall abide by the determinations of the United States in Congress 
assembled, on all questions, which by the said confederation are sub- 
mitted to them. And that the articles thereof shall be inviolably observed 
by the States we respectively represent, and that the Union shall be 
perpetual. 



CONSTITUTION OF THE UNITED STATES 

We the People of the United States, in order to form a more perfect 
Union, establish Justice, insure domestic Tranquillity, provide for the 
common defense, promote the general Welfare, and Secure the Bless- 
ings of Liberty to ourselves and our Posterity do ordain and establish 
this Constitution for the United States of America. 

ARTICLE I. 

Section 1. — All legislative Powers herein granted shall be vested 
in a Congress of the United States, which shall consist of a Senate 
and a House of Representatives. 

Section 2. — The House of Representatives shall be composed of 
Members chosen every second Year by the People of the several States, 
and the Electors in each State shall have the qualifications lequisite 
for Electors of the most numerous Branch of the State Legislature. 

No Person shall be a Representative who shall not have attained to 
the Age of twenty-five Years, and been seven Years a Citizen of the 
United States and who shall not, when elected, be an Inhabitant of 
that State in which he shall be chosen. 

Representatives and direct Taxes shall be apportioned among the 
several States which may be included within this Union, according to 
their respective Numbers, which shall be determined by adding to the 
whole Number of Free persons, including those bound to Service for a 
Term of Years, and excluding Indians not taxed, three-fifths of all 
other Persons. The actual Enumeration shall t3 node within three 
Years after the first Meeting of the Congress of the United States, and 
within every subsequent Term of Ten Years, in such Manner as they 
shall by law direct. The Number of Representatives shall not exceed 
one for every Thirty Thousand, but each State shall have at Least 
one Representative; and until such enumeration shall be made, the 
State of Newhampshire shall be entitled to chuse three ; Massachusetts 
eight, Rhode Island and Providence Plantations one, Connecticut five, 
New York six, New Jersey four, Pennsylvania eight, Delaware one, Mary- 
land six, Virginia ten, North Carolina five, South Carolina five, and 
Georgia three. 

When vacancies happen in the Representation from any State, the 
Executive Authority thereof shall issue Writs of Election to fill such 
Vacancies. 

The House of Representatives shall chose their Speaker and other 
officers ; and shall have the sole Power of Impeachment. 

Section 3. — The Senate of the United States shall be composed of 
two Senators from each State, chosen by the Legislature thereof, for six 
years ; and each Senator shall have one vote. 

Immediately after they shall be assembled in Consequence of the 
first Election, they shall be divided as equally as may be into three 
Classes. The seats of the Senators of the first Class shall be vacated 
at the Expiration of the second* Year, of the second Class at the Ex- 



:2»6 APPENDIX 

piration of the fourth Year, and of the third Class at the Expiration 
of the sixth Year, so that one-third may be chosen every second Year ; 
and if Vacancies happen by Resignation, or otherwise, during the Recess 
of the Legislature of any State the Executive thereof may make tem- 
porary Appointments until the next Meeting of the Legislature, which 
shall then nil such Vacancies. 

No person shall be a Senator who shall not have attained to the Age 
of thirty Years, and been nine Years a Citizen of the United States, 
and who shall not, when elected, be an Inhabitant of that State for 
which he shall be chosen. 

The Vice-President of the United States shall be President of the 
Seriate, but shall have no Vote, unless they be equally divided. 

The Senate shall chuse their other officers, and also a President 
pro tempore, in the Absence of the Vice-President, or when he shall 
'-• exercise the Office of President of the United States. 

The Senate shall have the sole Power to try all impeachments. 
When sitting for that Purpose, they shall be on Oath or Affirmation. 
When the President of the United States is tried, the Chief Justice 
shall preside: and no Person shall be convicted without the Concur- 
rence of two-thirds of the Members present. 

Judgment in Cases of Impeachment shall not extend further than 
to removal from Office and disqualification to hold and enjoy any 
office of honor, Trust or Profit under the United States: but the 
Party convicted shall nevertheless be liable and subject to Indict- 
ment, Trial, Judgment and Punishment, according to Law. 

Section 4. The Times, Places and manner of holding Elections 
for Senators and Representatives, shall be prescribed in each State 
by the Legislature thereof; but the Congress may at any time by 
Law make or alter such Regulations, except as to the Places of 
ohusing Senators. 

The Congress shall assemble at least once in every Year, and 
such Meeting shall be on the first Monday in December, unless they 
shall by Law appoint a different day. 

Section 5. Each House shall be the Judge of the Elections, Re- 
turns and Qualifications of its own Members and a Majority of each 
shall constitute a Quorum to do Business; but a smaller Number 
may adjourn from day to day, and may be authorized to compel the 
Attendance of Absent Members, in such Manner, and under such 
Penalties as each House may provide. 

Each House may determine the Rules of its Proceedings, punish 
its Members for disorderly Behaviour, and, with the Concurrence of 
two-thirds, expel a Member. 

Each House shall keep a Journal of its Proceedings, and from 
time to time publish the same, excepting such Parts as may in their 
Judgment require Secrecy; and the Yeas and Nays of the Members 
of either House on any question shall, at the Desire of one-fifth of 
those present, be entered on the Journal. 

Neither House, during the session of Congress, shall, without the 
Consent of the other, adjourn for more than three days, nor to any 
other Place than that in which the two Houses shall be sitting. 

Section 6. The Senators and Representatives shall receive a 
Compensation for their services, to be ascertained by Law, and paid 
out of the Treasury of the United States. They shall in all Cases, 
except Treason, Felony and Breach of the Peace, be privileged from 
Arrest during their Attendance at the Session of their respective 
Houses, and in going to and returning from the same; and for any 
speech or Debate in either House, they shall not be questioned in 
any other Place. 

No Senator or Representative shall, during the Time for which 
he was elected, be appointed to any civic Office under the Authority 
of the United States, which shall have been created, or the Emolu- 
ments whereof shall have been increased during such time; and no 
Person holding any office under the United States, shall be a Member 
of either House during his Continuance in Office. 

Section 7. All bills for raising Revenues shall originate in the 
House of Representatives; but the Senate may propose or concur 
with Amendments as on other Bills. 



APPENDIX 

Every Bill which shall have passed the House of Representatives 
and the Senate, shall, before it become a Law, be presented to the 
President of the United States; if he approve he shall sign it, but 
if not he shall return it, with his Objections to that House in which 
it shall have originated, who shall enter the Objections at large on 
their Journal, and proceed to reconsider it. If after such Reconsid- 
eration two-thirds of that House shall agree to pass the Bill, it shall 
be sent, together with the Objections, to the other House, by which 
it shall likewise be reconsidered, and if approved by two-thirds of 
that House, it shall become a Law. But in all such Cases the Votes 
of both Houses shall be determined by Yeas and Nays, and the 
names of the Persons voting for and against the Bill shall be entered 
on the Journal of each House respectively. If any Bill shall not be 
returned by the President within ten Days (Sundays excepted) after 
it shall have been presented to him, the Same shall be a Law, in 
like Manner as if he had signed it, unless the Congress by their 
Adjournment prevent its Return, in which Case it shall not be a Law. 

Every Order, Resolution, or Vote to which the Concurrence of the 
Senate and House of Representatives may be necessary (except on a 
question of Adjournment) shall be presented to the President of 
the United States; and before the Same shall take Effect, shall be 
approved by him, or being disapproved by him, shall be repassed by 
two-thirds of the Senate and House of Representatives, according 
to the Rules and Limitations prescribed in the case of a Bill. 

Section 8. The Congress shall have Power to lay and collect , 
Taxes, Duties, Imposts and Excises, to pay the Debts and provide 
for the common Defence and general Welfare of the United States, 
but all Duties, Imposts and Excises shall be uniform throughout 
the United States. 

To borrow Money on the credit of the United States; 

To regulate Commerce with foreign Nations, and among the 
several States, and with the Indian Tri 

To establish an uniform Rule of Naturalization, and uniform 
Laws on the subject of Bankruptcies throughout the United Bta 

To coin Money, regulate the Value thereof, and of foreign Coin, 
and fix the Standard of Weights and Measures; 

To provide for the Punishment of counterfeiting the Securities 
and current Coin of the United States; 

To establish Post Offices and Post Roads; 

To promote the Progress of Science and useful Arts, by securing 
for limited Times to Authors and Inventors the exclusive Right to 
their respective Writings and Discoveries; 

To constitute Tribunals inferior to the Supreme Court; 

To define and punish' Piracies and Felonies committed on the 
high Seas, and Offences against the Law of Natio 

To declare War, grant Letters of Marque and Reprisal, and make 
Rules concerning Captures on Land and Water; 

To raise and support Armies, but no Appropriation of Money 
that Use shall be for a longer Term than two Years; 

To provide and Maintain a Navy; 

To make Rules for the Government and Regulation of the land 
and naval Forces; 

To provide for calling forth the Militia to execute the Laws of 
the Union, suppress Insurrections and repel Invasions; 

To provide for organizing, arming and disciplining the Militia, 
and for governing such Part of them as may be employed in the 
Service of the United States, reserving to the States respectively, 
the Appointment of the Officers, and the Authority of training the 
Militia according to the discipline prescribed by Congress; 

To exercise exclusive Legislation in all Cases whatsoever, over 
such District (not exceeding ten Miles square) as may, by Cession 
of particular States, and the Acceptance of Congress, become the 
Seat of the Government of the United States, and to exercise like 
Authority over all Places purchased by the Consent of the Legisla- 
ture of the State in which the Same shall be, for the Erection of 
Forts, Magazines, Arsenals, dock- Yards, and other needful Build- 
ing's; — And 



238 APPENDIX 

To make all Laws which shall be necessary and proper for car- 
rying into Execution the foregoing Powers, and all other Powers 
vested by this Constitution in the Government of the United States, 
or in any Department or Officer thereof. 

Section 9. The Migration or Importation of such Persons as any 
of the States now existing shall think proper to admit, shall not be 
prohibited by the Congress prior to the Year one thousand eight 
hundred and eight, but a Tax or duty may be imposed on such Im- 
portation, not exceeding ten dollars for each Person. 

The Privilege of the Writ of Habeas Corpus shall not be sus- 
pended, unless when in Cases of Rebellion or Invasion the public 
Safety may require it. 

No Bill of Attainder or ex post facto Law shall be passed. 

No Capitation, or other direct, tax shall be laid, unless in Pro- 
portion to the Census or Enumeration herein before directed to be 
taken. 

No Tax or Duty shall be laid on Articles exported from any State. 

No Preference shall be given by any Regulation of Commerce or 
Revenue to the Ports of one State over those of another; nor shall 
Vessels bound to or from, one State be obliged to enter, clear, or 
pay Duties in another. 

No Money shall be drawn from the Treasury, but in Consequence 
of Appropriations made by Law; and a regular Statement and Ac- 
count of the Receipts and Expenditures of all public Money shall 
be published from time to time. 

No title of Nobility shall be granted by the United States; And 
no Person holding any Office of Profit or Trust under them, shall, 
without the Consent of the Congress, accept of any present, Emolu- 
ment, Office or Title, of any kind whatever, from any King, Prince, 
or foreign State. 

Section 10. No State shall enter into any Treaty, Alliance, or 
Confederation; grant Letters of Marque and Reprisal; coin Money; 
emit Bills of Credit; make any Thing but gold and silver Coin a 
Tender in Payment of Debts ; pass any bill of Attainder, ex post 
facto Law, or Law impairing the Obligation of Contracts, or grant 
any Title of Nobility. 

No State shall, without the Consent of the Congress, lay any Im- 
posts or Duties on Imports or Exports, except what may be 'abso- 
lutely necessary for executing its inspection Laws : and the net Prod- 
uce of all Duties and Imposts, laid by any State or Imports or Ex- 
ports, shall be for the Use of the Treasury of the United States; and 
all such Laws shall be subject to the Revision and Controul of the 
Congress. 

No State shall, without the Consent of Congress, lay any Duty 
of Tonnage, keep Troops, or Ships of War in Time of Peace, enter 
into any Agreement or Compact with another State, or with a for- 
eign power, or engage in War, unless actually invaded, or in such 
imminent Danger as will not admit of delay. 

ARTICLE II 

Section 1. The executive Power shall be vested in a President 
of the United States of America. He shall hold his Office during the 
Term of four Years, and, together with the Vice-President, chosen 
for the same Term, be elected as follows: 

Each State shall appoint, in such Manner as the Legislature 
thereof may direct, a number of Electors, equal to the whole Number 
of Senators and Representatives to which the State may be entitled 
in the Congress: but no Senator or Representative, or Person hold- 
ing an Office of Trust or Profit under the United States, shall be 
appointed an Elector. 

The electors shall meet in their respective States, and vote by 
ballot for two persons, of whom one at least shall not be an inhab- 
itant of the same State with themselves. And they shall make a list 
of all the persons voted for, and the number of votes for each; 
which list they shall sign and certify, and transmit sealed to the 
seat of the Government of the United States, directed to the Presi- 



APPENDIX 239 

dent of the Senate. The President of the Senate shall, in the pres- 
ence of the Senate and House of Representatives, open all the cer- 
tificates, and the votes shall then be counted. The person having 
the greatest number of votes shall be the President, if such number 
be a majority of the whole number of electors appointed; and if 
there be more than one who have such a majority, and have an 
equal number of votes then, the House of Representatives shall 
immediately chuse by ballot one of them for President; and if no 
person have a majority, then from the five highest on the list the 
said House shall in like manner choose the President. But in chus- 
ing the President, the votes shall be taken by States, the repre- 
sentation for each State having one vote; a quorum for this purpose 
shall consist of a member or members from two-thirds of the 
States, and a majority of all the States shall be necessary to a 
choice. In every case, after the choice of the President, the person 
having the greatest number of votes of the electors shall be the 
Vice-President. But if there should remain two or more who have 
equal votes, the Senate shall chuse from them by ballot the Vice- 
President. 

The Congress may determine the Time of chusing the Electors, 
and the Day on which they shall give their Votes; which Day shall 
be the same throughout the United States. 

No person except a natural born Citizen, or a Citizen of the 
United States, at the time of the Adoption of this Constitution, shall 
be eligible to the Office of President; neither shall any Person be 
eligible to that office who shall not have attained to the Age of 
thirty-five Years, and been fourteen Years a Resident within the 
United States. 

In case of the Removal of the President from Office, or of his 
Death, Resignation or Inability to discharge the Powers and Duties 
of the said Office, the same shall devolve on the Vice-President, and 
the Congress may by Law provide for the Case of Removal. Death, 
Resignation or Inability, both of the President and Vice-President, 
declaring what Officer shall then act as President, and such Office 
shall act accordingly, until the Disability be removed, or a President 
shall be elected. 

The President shall, at stated Times, receive for his Services, 
a Compensation, which shall neither be increased nor diminished 
during the Period for which he shall have been elected, and he shall 
not receive within that Period any other Emolument from the United 
States or any of them. 

Before he enter on the Execution of his Office, he shall take the 
following Oath or Affirmation: — "I do solemnly swear (or affirm) 
that I will faithfully execute the Office of President of the United 
States, and will, to the best of my Ability, preserve, protect and 
defend the Constitution of the United States." 

Section 2. The President shall lie Commander-in-Chief of the 
Army and Navy of the United States, and of the Militia of the several 
States when called into the actual Service o f the United States ; he may 
require the Opinion in writing, of th<^ principal Officer in each of the 
Executive Departments, upon any Subject relating to th" Duties of 
their respective Offices, and he shall have Pow^r to grant Reprieves 
and Pardons for Offenses against the United States, except in Cases 
of Impeachment. 

He shall have Power, by and with the Advice and Consent of 
the Senate, to make Treaties, provided two-thirds of the Senators 
present concur: and he shall nominate, and by and with the Advice 
and Consent of the Senate, shall appoint Ambassadors, other public 
Ministers and Consuls, Judges of the supreme Court, and all oth^r 
Officers of the United States, who^e Anoointm^^ts are not herein 
otherwise provided for, and which shall b* established bv Law: but 
the Congress mav bv Law vest the aopointment of such inferior 
Officers, as they think proper, in the President alone, in the Courts 
of Taw. or in the Heads of Departments. 

The President shall have Power to fill ur» all Vacancies that may 
happen during the recess of the Senate, bv granting Commissions 
which shall expire at the end of their next Session. 



:240 APPENDIX 

Section 3. He shall from time to time give to the Congress In- 
formation of the State of the Union, and recommend to their Consid- 
eration such Measures as he shall judge necessary and expedient; 
he may, on extraordinary Occasions, convene both Houses, or either 
of them, and, in Case of Disagreement between them, with Respect 
to the Time of Adjournment, he may adjourn them to such Time 
as he shall think proper; he shall receive Ambassadors and other 
public Ministers; he shall take care that the Laws be faithfully exe- 
cuted, and shall Commission all the officers of the United States. 

Section 4. The President, Vice-President and all civil Officers of 
the United States, shall be removed from Office on Impeachment for, 
and Conviction of, Treason, Bribery, or other high Crimes and Mis- 
demeanors. 

ARTICLE III 

Section 1. The judicial Power of the United States, shall be 
vested in one supreme Court, and in such inferior Courts as the Con- 
gress may from time to time ordain and establish. The Judges, 
both of the supreme and inferior Courts, shall hold their Offices 
■during good Behaviour, and shall, at stated Times, receive for their 
Services, a Compensation, which shall not be diminished during their 
Continuance in Office. 

Section 2. The judicial Power shall extend to all Cases, in Law 
and Equity, arising under this Constitution, the Laws of the United 
States, and Treaties made, or which shall be made, under their 
Authority; — to all Cases affecting Ambassadors, other public Minis- 
ters and Consuls; — to all Cases of admiralty and maritime Juris- 
diction; — to Controversies to which the United States shall be a 
Party; to Controversies between two or more States; — between a 
State and Citizens of another State; — between citizens of different 
States ; — between citizens of the same State claiming Lands under 
Grants of different States, and between a State, or the Citizens thereof, 
and foreign States, Citizens or Subjects. 

In all Cases affecting Ambassadors, other public Ministers and 
Consuls, and those in which a State shall be a Party, the supreme 
Court shall have original Jurisdiction. In all the other Cases before 
mentioned, the supreme Court shall have appellate Jurisdiction, 
both as to Law and Fact, with such Exceptions, and under such 
Regulations as the Congress shall make. 

The Trial of all Crimes, except in Cases of Impeachment, shall 
be by Jury; and such Trial shall be held in the State where the said 
Crimes shall have been committed; but when not committed within 
any State, the Trial shall be at such Place or Places as the Congress 
may by Law have directed. 

Section 3. Treason against the United States, shall consist only 
in levying War against them, or in adhering to their Enemies, giving 
them aid and Comfort. No Person shall be convicted of Treason 
unless on the Testimony of two Witnesses to the same overt Act or 
on Confession in open Court. 

The Congress shall have Power to declare the Punishment of 
Treason, but no Attainder of Treason shall work Corruption of Blood. 
or Forfeiture except during the life of the Person attainted. 

ARTICLE IV. 

Section 1. Full Faith and Credit shall be given in each State to 
the Public Acts, Records, and judicial proceedings of every other 
State. And the Congress may by general Laws prescribe the man- 
ner in which Acts, Records, and Proceedings shall be proved, and 
the Effect thereof. 

Section 2. The Citizens of each State shall be entitled to all 
privileges and immunities of Citizens in the several States. 

A person charged in any State with Treason, Felony, or other 
Crime, who shall flee from Justice, and be found in another State, 
shall on Demand of the executive Authority of the State from which 
he fled, be delivered up to be removed to the State having Jurisdic- 
tion of the Crime. 

N© Person held to Service or Labor in one State, under the Laws 



APPENDIX ~mi 

thereof, escaping into another, shall, in Consequence of any Law or 
Regulation therein, be discharged from such Service or Labor, but 
shall be delivered up on Claim of the Party to whom such Service or 
Labor may be due. 

Section 3. New States may be admitted by the Congress into 
this Union; but no new State shall be formed or erected within the 
Jurisdiction of any other State; nor any State be formed by the 
Junction of two or more States, or Parts of States, without the 
Consent of Legislatures of the States concerned as well as of the 
Congress. 

The Congress shall have Power to dispose of and make all need- 
ful Rules and Regulations respecting the Territory or other Property 
belonging to the United States; and nothing in this Constitution 
shall be so construed as to Prejudice any Claims of the United 
States, or of any particular State. 

Section 4. The United States shall guarantee to every State in 
this Union a Republican Form of Government, and shall protect each 
of them against Invasion ; and on Application of the Legislature or 
of the Executive (when the Legislature cannot be convened) against 
domestic violence. 

ARTICLE V 

The Congress, whenever two-thirds of both Houses shall deem it 
necessary, shall propose Amendments to this Constitution, or, on the 
Application of the Legislatures of two-thirds of the several States, 
shall call a Convention for proposing Amendments, which, in either 
Case, shall be valid to all Intents and Purposes, as Part of this 
Constitution, when ratified by the Legislatures of three-fourths of 
the several States, or by Conventions in three-fourths thereof, as 
the one or the other Mode of Ratification may be proposed by the 
Congress: Provided, that no Amendment which may be made prior 
to the Year One Thousand eight hundred and eight shall in any Man- 
ner affect the first and fourth Clauses in the Ninth Section of the 
first Article; and that no State, without its Consent, shall be de- 
prived of its equal Suffrage in the Senate. 

ARTICLE VI 

All Debts contracted and Engagements entered into, before the 
Adoption of this Constitution, shall be as valid against the United 
States under this Constitution, as under the Confederation. 

This Constitution, and the Laws of the United States which shall 
be made in Pursuance thereof; and all Treaties made, or which ehall 
be made, under the Authority of the United States, shall be the su- 
preme Law of the Land; and the Judges In every State shall be 
bound thereby, any Thing in the Constitution or Laws of any State 
to the Contrary notwithstanding. 

The Senators and Representatives before mentioned, and the 
Members of the several State Legislatures, and all executive and 
judicial Officers, both of the United States and of the several States, 
shall be bound by Oath or Affirmation, to support this Constitution: 
but no religious Test shall ever be reouired as a Qualification to anv 
Office or Public Trust under the United States. 

ARTICLE VII 
The ratification of the Conventions of nine States shall be suffi- 
cient for the Establishment of this Constitution between the States 
so ratifying the same. 

Done in Convention, by the Unanimous Consent of the States 
present, the Seventh Day of September, in the Year of our Lord one 
thousand seven hundred and eighty-seven, and of the Independence 
of the United States of America, the twelfth. In witness whereof 
We have hereunto subscribed our names. 

G° : Washington, 
Presidt. and Deputy from Virginia- 
[The Constitution was also signed by thirty-eight others, representing 
twelve of the States, and casting the votes of eleven States, and was at- 
tested by William Jackson, Secretary.] 



242 APPENDIX 

Articles in Addition to, and Amendment of, the Constitution of the 
United States of America, Proposed by Congress, and Ratified by 
the Legislatures of the Several States Pursuant to the Fifth Article 
of the Original Constitution. 

ARTICLE I 
Congress shall make no law respecting an establishment of re- 
ligion, or prohibiting free exercise thereof; or abridging the free- 
dom of speech, or of the press; or the right of the people peaceably 
to assemble, and to petition the Government for a redress of 
grievances. 

ARTICLE II 
A well-regulated Militia, being necessary to the security of a 
free State, the right of the people to keep and bear arms, shall not 
be infringed. 

ARTICLE III 
No Soldier shall, in time of Peace, be quartered in any house, 
without the consent of the Owner, nor in time of war, but in a 
manner to be prescribed by law. 

ARTICLE IV 
The right of the people to be secure in their persons, houses, 
papers, and effects, against unreasonable searches and seizures, shall 
not be violated, and no Warrants shall issue, but upon probable 
cause, supported by Oath or affirmation, and particularly describing 
the place to be searched, and the persons or things to be seized. 

ARTICLE V 
No person shall be held to answer for a capital, or otherwise in- 
famous crime, unless on a presentment or indictment of a Grand 
Jury, except in cases arising in the land or naval forces, or in the 
Militia, when in actual service in time of War or public danger; 
nor shall any person be subject for the same offense to be twice 
put in jeopardy of life or limb ; nor shall be compelled in any 
Criminal Case to be a witness against himself, nor be deprived of 
life, liberty, or property, without due process of law; nor shall pri- 
vate property be taken for public use, without just compensation. 

ARTICLE VI 
In all criminal prosecutions, the accused shall enjoy the right to 
a speedy and public trial, by an impartial jury of the State and 
district wherein the crime shall have been committed, which district 
shall have been previously ascertained by law, and to be informed of 
the nature and cause of the accusation; to be confronted with the 
witnesses against him; to have compulsory process for obtaining 
witnesses in his favor, and to have the Assistance of Counsel for 
his defense. 

ARTICLE VII 
In suits at common law, where the value in controversy shall 
exceed twenty dollars, the right of trial by jury shall be preserved, 
and no fact tried by a jury shall be otherwise re-examined in any 
Court of the United States, than according to the rules of the com- 
mon law. 

ARTICLE VIII 
Excessive bail shall not be required, nor excessive fines imposed, 
nor cruel and unusual punishments inflicted. 

ARTICLE IX 
The enumeration in the Constitution, of certain rights, shall not 
be construed to deny or disparage others retained by the people. 



APPENDIX S43 

ARTICLE X 
The powers not delegated to the United States by the Constitution, 
nor prohibited by it to the States, are reserved to the States respectively, 
or to the people. 

ARTICLE XI 
The Judicial power of the United States shall not be construed to 
extend to any suit in law or equity, commenced or prosecuted against 
one of the United States by Citizens of another State or by Citizens 
or subjects- of any Foreign State. 

ARTICLE XII 
The electors shall meet in their respective States, and vote by bal- 
lot for President and Vice-President, one of wnom, at least, shall not 
be an inhabitant of the same State with themselves ; tiiey shall name 
In their ballots the person voted tor as President, and in distinct ballots 
the person voted for as Vice-President, and they snail maKe distinct 
lists of all persons voted for as President, and of all persons voted for 
as Vice-President, and of tne number ol votes lor eacn, wincn lists tiiey 
shall sign and certiiy, and transmit sealed to tne seat of tne Uovern- 
ment of the United States, directed to the President of the Senate; — 
The President of the benate snail, in tne presence of the Senate and 
House of Representatives, open all the certificates and the votes shall 
then be counted; — The person having the greatest number of votes tor 
President shall be the President, if sucli number be a majority of the 
whole number of Electors appointed ; and if no person have such major- 
ity, then from the persons having the highest numbers not exceeding 
three on the list of those voted for as President, the House of Repre- 
sentatives shall choose immediately, by ballot, the President. But in 
choosing the President, the votes shall be taken by states, the repre- 
sentation from each state having one vote ; a quorum for this purpose 
shall consist of a member or members from two-thirds of tin- states, 
and a majority of all the states, shall be necessary to a choice. And 
if the House of Representatives shall not choose a President whenever 
the right of choice shall devolve upon them, before the fourth day of 
March next following, then the Vice-President shall act as President, 
as in the case of the death or other constitutional disability of the Presi- 
dent. The person having the greatest number of votes as Vice-President, 
shall be the Vice-President, if such number be a majority of the whole 
number of Electors appointed, and if no person have a majority, then 
from the two highest numbers on the list, the Senate shall choose the 
Vice-President ; a quorum for the purpose shall consist of two-thirds of 
the whole number of Senators, and a majority of the whole number shall 
be necessary to a choice. But no person constitutionally ineligible to 
the office of President shall be eligible to that of Vice-President of the 
United States. 

ARTICLE XIII 

Section 1. — Neither slavery nor involuntary servitude, except as a 
punishment for crime whereof the party shall have been duly convicted, 
shall exist within the United States, or any place subject to their juris- 
diction. 

Section 2. — Congress shall have power to enforce this article by ap- 
propriate legislation. 

ARTICLE XIV 

Section 1. — All persons born or naturalized in the United States, 
and subject to the jurisdiction thereof, are citizens of the United 
States and of the State wherein they reside. No State shall make or 
enforce any law which shall abridge the privileges or immunities of cit- 
izens of the United States ; nor shall any State deprive any person of 
life, liberty, or property, without due process of law ; nor deny to any 
person w r ithin its jurisdiction the equal protection of the laws. 

Section 2. — Representatives shall be apportioned among the several 
States according to their respective numbers, counting the whole num- 



:244 APPENDIX 

ber of persons in each State, excluding Indians not taxed. But wherf 
the right to vote at any election for the choice of electors for President 
and Vice-President of the United States, Representatives in Congress, 
the Executive and Judicial officers of the State or the members of the 
Legislature thereof, is denied to any of the male inhabitants of such 
State, being twenty-one years of age, and citizens of the United 
States, or in any way abridged, except for participation in rebellion, 
or other crime, the basis of representation therein shall be reduced 
in the proportion which the number of such male citizens shall bear 
to the whole number of male citizens twenty-one years of age in such 
State. 

Section 3. — No person shall be a Senator or Representative in Con- 
gress or elector of President and Vice-President, or hold any office, 
civil or military, under the United States, or under any State, who, 
having previously taken an oath, as a member of Congress, or 
as an officer of the United States, or as a member of any State Legis- 
lature, or as an executive or judicial officer of any State, to support 
the Constitution of the United States, shall have engaged in insurrection 
or rebellion against the same, or given aid or comfort to the enemies 
thereof. But Congress may by a vote of two-thirds of each Honse, re- 
move such disability. 

Section 4. — The validity of the public debt of the United States, 
authorized^ by law, including debts incurred for payment of pensions 
and bounties or services in suppressing insurrection or rebellion, shall 
not be questioned. But neither the United States nor any State shall 
assume or pay any debt or obligation incurred in aid of insurrection 
or rebellion against the United States, or any claim for the loss of eman- 
cipation of any slave; but all such debts, obligations and claims shall 
be held illegal and void. 

Section 5. — The Congress shall have power to enforce by appropriate 
legislation the provisions of this article. 

ARTICLE XV. 

Section 1. — The right of citizens of the United States to vote shall 
not be denied or abridged by the United States nor by any State on ac- 
count of race, color, or previous condition of servitude. 

Section 2. — The Congress shall have power to enforce this article by 
appropriate legislation. 



